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Whole decision: Denied

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
Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1243498.

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.

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