The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a back disorder, finding that the additional disability was not caused by carelessness, negligence, lack of skill or similar incidence of fault on the part of VA personnel.
The deciding factor: The examiner opined it is less likely than not that the proximate cause of the Veteran's additional back disorder (identified as failed fusion of his lumbar vertebrae) was due to carelessness, negligence, lack of proper skill or similar incidence of fault on the part of VA during the September 2003 procedure.
- Claimed conditions
- back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 26, 2021
- Citation
- 21024903
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. Read the original VA decision (opens in a new tab) using citation 21024903.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for a back disorder, high blood pressure, and type II diabetes mellitus due to errors in development of the claim.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for headaches, right hip disorder, left hip disorder, back disorder, and an acquired psychiatric disorder due to a failure to provide notice regarding the Veteran's right to a hearing.
- Whole decision: Dismissed
The Veteran's appeals for service connection for peripheral vascular disease of the bilateral lower extremities and a back disorder have been dismissed as he has withdrawn his appeal.
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