The Veteran's informed consent prior to the lumbar fusion surgery was deemed adequate. The Board denied compensation under 38 U.S.C.A. § 1151 for hardware failure and associated back pain post-surgery.
The deciding factor: The evidence did not show that VA care caused additional disability or death, as informed consent was provided adequately.
- Claimed conditions
- Degenerative disease in the lumbar spine, Spondylolisthesis, Lumbar spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2010
- Citation
- 1012539
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 1012539.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Remanded (sent back)
The Board remands the claim for service connection for a back condition to correct pre-decisional duty to assist errors, including obtaining an appropriate medical examination and associated opinion.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Denied
The Board denied the veteran's claims for increased ratings and eligibility for specially adapted housing and special home adaptation benefits, as well as an earlier effective date for a disability rating.
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