The Veteran's claim for compensation under 38 U.S.C. § 1151 for a back injury was denied due to lack of evidence showing carelessness, negligence, or fault on the part of VA.,The Veteran's thoracolumbar spine disability was rated at 40 percent and not higher because it did not meet the criteria for an increased rating under Diagnostic Code 5237.
The deciding factor: The evidence does not show any additional disability related to a back injury was proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing reasonable care, or an event not reasonably foreseeable.
- Claimed conditions
- Back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 3, 2024
- Citation
- A24051658
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 A24051658.
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 decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's back conditions and his service. The examiner is asked to consider the Veteran's lay statements about in-service events, injuries, and symptoms.
- Whole decision: Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
- Whole decision: Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Whole decision: Partly granted
The Board denied service connection for bilateral hearing loss and a higher rating for tinnitus, while remanding claims for service connection for an anxiety condition, back strain, bilateral pes planus, left shoulder condition, right knee condition, and dizziness.
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