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.
The deciding factor: A reasonable person in the Veteran's situation would have proceeded with the July 1978 lumbar spine surgery even if advised of the risk of pseudarthrosis at L4/L5 and disc herniation above the level of fusion as a result of that surgery.
- Claimed conditions
- pseudarthrosis at L4/L5, disc herniation above the level of the fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2014
- Citation
- 1408554
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 1408554.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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