The Board found that the additional disability of back and legs caused by January 2009 spine surgery was not proximately caused by VA's fault or an unforeseen event, thus denying compensation under 38 U.S.C. § 1151.
The deciding factor: VA treatment did not result in carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA
- Claimed conditions
- Back pain, Leg weakness, Urinary dysfunction, Bowel constipation, Erectile dysfunction (ED), Depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2018
- Citation
- 1822681
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 1822681.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient findings regarding PTSD and depression, requiring a new VA examination.
- Remanded (sent back)
The Board has remanded the case due to errors in the AOJ's handling of the Veteran's claims for service connection for PTSD, other specified trauma and stressor-related disorder, and depression. The AOJ is required to verify the Veteran's claimed stressor and obtain medical opinions regarding the diagnoses and their relation to service.
- Remanded (sent back)
The Board has remanded the claims for bladder cancer, erectile dysfunction, and gouty arthropathy due to outstanding VA treatment records not being obtained. The Veteran's request for a referral to a urologist for ED is also remanded. A VA medical opinion is needed regarding the relationship between the Veteran's gouty arthropathy and his service-connected conditions.
- Granted
The Board has granted service connection for Posttraumatic Stress Disorder (PTSD), Anxiety, and Depression as these conditions are found to be related to the Veteran's active military service.
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