The Board denied service connection for thoracolumbar spine disability due to lack of evidence linking the condition to active service or any incident therein.,The Board also denied compensation under 38 U.S.C. § 1151 for hemorrhagic cerebral infarction and residuals, finding that VA care did not fall below standard of care.
The deciding factor: The Veteran's thoracolumbar spine disability was not present during service or within one year of separation, and there is no evidence linking it to any in-service injury or disease.,VA medical records showed the Veteran had poorly controlled hypertension, which may have contributed to his hemorrhagic cerebral infarction. However, the Board found that VA care did not fall below standard.
- Claimed conditions
- thoracolumbar spine disability, hemorrhagic cerebral infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131399
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.
- Denied
The Board denied service connection for a thoracolumbar spine disability and a left shoulder disability as the evidence did not support that these conditions were incurred or aggravated during active duty, ACDUTRA, or INACDUTRA.
- Remanded (sent back)
The Board denied an earlier effective date for the Veteran's award of service-connected compensation for headaches and remanded claims for increased rating, service connection for a thoracolumbar spine disability, right shoulder disability, and acquired psychiatric disorder.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
- Granted
The Board granted the restoration of a 30 percent rating for left upper extremity radiculopathy effective June 26, 2023, as the reduction was improper.
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.