The Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional back disability caused by the laminectomy surgery conducted in April 1984 is denied, and his service connection claim for sciatica claimed as secondary to lumbar spine disability is also denied.
The deciding factor: The evidence does not support a finding that the Veteran's chronic back pain was caused by VA carelessness, negligence, lack of proper skill or similar instance of fault during the April 1984 surgery. The examiner opined that the Veteran developed chronic back pain after his first surgery in 1979 and continued to have it despite decompression of the nerve root.
- Claimed conditions
- laminectomy residuals, lumbar spine, degenerative joint disease (DJD), sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2018
- Citation
- 18131212
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 18131212.
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.
- Remanded (sent back)
The Veteran's claim for TDIU is being remanded due to a duty to assist error regarding her service-connected depression. She needs an examination to assess the impact of her depression on her ability to work.
- Granted
The Veteran's bilateral lower extremity disabilities, including sciatica, are granted on a secondary basis to his service-connected back disability. The Board found that the evidence is in equipoise as to whether the Veteran has been unable to secure or follow gainful employment due to his service-connected disabilities.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error in failing to obtain a current medical examination for the Veteran's lumbar strain. The claim is being remanded for further evaluation and consideration of the severity of the condition, including any associated radiculopathy.
- Granted
The Veteran's tinnitus, gout in the right hand and bilateral lower extremities, and sleep apnea are granted service connection. The Veteran's hypertension, arthritis, neck condition, restless leg syndrome, sciatica, and back condition are denied service connection.
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