The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because the Board found that there was no negligence on the part of VA in providing informed consent, and the complications were reasonably foreseeable.
The deciding factor: VA did not provide specific information about disc herniation above the fusion site and pseudarthrosis within the fusion as potential risks during the July 1978 surgery, but a reasonable person would have proceeded with the treatment despite this minor deviation from informed consent requirements.
- Claimed conditions
- pseudarthrosis at L4/L5, disc herniation above fusion site
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2012
- Citation
- 1243498
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 1243498.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's pseudarthrosis at L4/L5 and disc herniation above the level of fusion were caused by VA lumbar spine surgery in July 1978, which was not due to negligence or lack of proper skill on the part of VA. The Board found that a reasonable person would have proceeded with the surgery despite knowing about potential complications.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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