The Board has determined that the Veteran's lumbar disability, including increased pain and limited functional ability, developed as a result of VA failure to properly diagnose and treat his initial disorder. As such, compensation benefits under 38 U.S.C. § 1151 for this condition are granted.
The deciding factor: The Board found that the Veteran's lumbar disability was caused by VA's failure to timely diagnose and treat his pre-existing injury in 2003, resulting in increased pain and limited functional ability.
- Claimed conditions
- lumbar spine condition, spinal stenosis, moderate rotary levoconvex scoliosis, degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- 20069090
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.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, cervical and thoracic spine disability, left upper extremity radiculopathy, lumbar spine condition, erectile dysfunction, and special monthly compensation based on loss of use to allow the AOJ to correct duty-to-assist errors.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
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