The Board denied service connection for a low back disability due to lack of evidence linking the condition to service or any other related conditions.,Compensation under 38 U.S.C. § 1151 was denied for diabetic retinopathy of left eye with macular edema as there is no evidence that VA's care caused the worsening of the condition.,The Board also denied compensation under 38 U.S.C. § 1151 for left foot osteomyelitis, status post left first ray amputation due to lack of evidence showing VA negligence or fault in causing the disability.
The deciding factor: The preponderance of evidence did not support a finding that the low back condition was related to service.,There is no evidence that VA's care caused the worsening of the diabetic retinopathy, and the Veteran had non-compliance with treatment recommendations which led to complications.,VA's care in amputating the left foot due to osteomyelitis did not cause additional disability as the condition was unavoidable given the Veteran's diabetes.
- Claimed conditions
- low back disability, diabetic retinopathy of left eye with macular edema (claimed as going blind), left foot osteomyelitis, status post left first ray amputation (claimed as left foot big toe bunion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19192817
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 19192817.
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
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
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