The claims for compensation under 38 U.S.C. § 1151 for right shoulder and lumbar spine disabilities are denied as the Veteran admitted that he injured these areas during his employment at VA, not due to VA medical or surgical treatment.
The deciding factor: The Veteran's injuries were incurred during work-related activities, not due to VA care, which precludes service connection under 38 U.S.C. § 1151.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD), right shoulder impingement, cervical spine/neck DDD with bilateral upper extremity radicular symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 10, 2014
- Citation
- 1449795
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 1449795.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the service connection for left lower extremity radiculopathy, including as aggravated by service-connected lumbar spine degenerative disc disease (DDD).
- Whole decision: Granted
The Veteran's left shoulder degenerative arthritis and right shoulder impingement are rated at 40 percent and 20 percent, respectively. The decision grants these ratings.
- Whole decision: Denied
The Veteran's claim for service connection for sleep apnea was denied as there is no current diagnosis of the condition.,PTSD resulted in reduced reliability and productivity, but did not meet criteria for a higher rating.,Tension headaches did not meet criteria for a higher rating based on characteristic prostrating attacks.,Degenerative arthritis of cervical spine did not meet criteria for a higher rating due to limitation of motion.,Right shoulder impingement did not meet criteria for a higher rating due to limitation of motion.,Left shoulder impingement syndrome, rotator cuff tendonitis, did not meet criteria for a higher rating due to limitation of motion.,IBS manifested as moderate, frequent episodes of abdominal distress and did not meet criteria for a higher rating.
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