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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1449795.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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).
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.