The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disabilities involving the bilateral leg (phlebitis), lumbar spine, and gastrointestinal system due to treatment by VA was denied in an April 2009 rating decision because there was no evidence that the April 2004 procedure caused his disabilities. The claim is now being denied again as new and material evidence has not been presented.
The deciding factor: The submitted evidence does not show that the Veteran's leg, lumbar spine, or gastrointestinal disabilities were caused by VA treatment, including the April 2004 procedure.
- Claimed conditions
- bilateral leg (phlebitis), lumbar spine, gastrointestinal system
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2018
- Citation
- 18142108
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 18142108.
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 veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
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