The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications following a back surgery in April 2003 at the VA Medical Center in Wichita, Kansas. The appeal includes issues related to L5-S1 disc herniation and sciatica of the left lower extremity. The case is being remanded due to potential lack of informed consent during the procedure.
The deciding factor: The Veteran's claim for compensation under 38 U.S.C.A. § 1151 hinges on whether there was a failure to obtain informed consent and proper care, which may have led to additional disability following his April 2003 surgery at the VA Medical Center in Wichita.
- Claimed conditions
- L5-S1 disc herniation, sciatica, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2014
- Citation
- 1453787
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 1453787.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and strain, as well as sciatica in both the right and left lower extremities. The decision is based on evidence showing that these conditions are related to an in-service motor vehicle accident injury.
- Granted
The Veteran's claim for service connection for sciatica, left lower extremity was granted with an effective date of March 27, 2023.
- Remanded (sent back)
The Board remands the claims for service connection for headaches, left ankle arthritic condition, left knee strain, lumbosacral strain, right ankle arthritic condition, right knee strain, sciatica, and obstructive sleep apnea due to a need for additional development of evidence.
- Denied
The Board denied increased ratings for the Veteran's degenerative disc disease of the L5-S1 lumbar spine and sciatica in both lower extremities, finding that the current ratings were appropriate.
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