The Board denied compensation under 38 U.S.C. § 1151 for a low back condition, finding that the Veteran's additional disability was not caused by VA carelessness or negligence and that there was no evidence of failure to timely diagnose and treat an infection.
The deciding factor: The June 2017 VA medical opinion concluded that the Veteran did not have carelessness or negligence on the part of VA personnel, and that the delay in diagnosing the post-surgical infection did not constitute a fault by VA.
- Claimed conditions
- Low back condition
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2019
- Citation
- 19117307
Veterans Law Judge
Decisions by this judge: 1,030 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19117307.
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.
- Granted
The Board has granted service connection for a low back condition and right shoulder rotator cuff strain, finding that the Veteran's current conditions are at least as likely as not related to his military service.
- Dismissed
The Veteran's appeals for service connection for a low back condition and an acquired psychiatric disability are dismissed as procedural defects due to the overlapping nature of the appeals.
- Granted
The Board has granted service connection for a low back condition as secondary to the Veteran's service-connected right hip condition, finding that the Veteran's back pain is aggravated by his right hip surgery.
- Granted
The Board has granted the Veteran's claim for service connection for a low back condition, finding that it was incurred during active duty.
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