The Veteran's lower back nerve damage and left leg pain are found to be a result of VA's failure to timely diagnose and treat an epidural abscess caused by a steroid injection, resulting in permanent disability. Compensation is granted under 38 U.S.C. § 1151.
The deciding factor: The Veteran developed complications from a VA-administered epidural injection that led to an epidural abscess, which resulted in chronic low back pain and left leg weakness. The Board found the evidence at least equipoise with respect to whether the delay in diagnosis and treatment caused additional disability.
- Claimed conditions
- lower back nerve damage, left leg pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19177524
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board granted readjudication of the claims for service connection for right and left knee disabilities and right and left leg pain based on new evidence, but remanded the claims for further development.
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The Veteran's dry eye syndrome is granted service connection due to an in-service injury. Several other claims for service connection are remanded.
- Denied
The Board denied the veteran's claims for service connection for left knee strain, left leg pain, and a left foot disorder as they were not shown to be causally or etiologically related to service and were not caused or aggravated by a service-connected disability.
- Partly granted
The Board denied earlier effective dates for service connection and denied service connection for a low back condition, right leg pain, and left leg pain. However, the Board granted an initial disability rating of 70 percent for PTSD and dissociative amnesia.
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