The Veteran's degenerative disc disease of the lumbar spine with radiculopathy, claimed as back and leg problems, is related to his August 2002 hernia surgery. The Board has determined that this qualifies for compensation under 38 U.S.C. § 1151.
The deciding factor: The Veteran's disability was not reasonably foreseeable due to the risks disclosed in consent forms signed by the Veteran, and it is at least as likely as not that the radiculopathy resulted from an event not reasonably foreseeable by a reasonable healthcare provider.
- Claimed conditions
- degenerative disc disease of the lumbar spine, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 30, 2019
- Citation
- 19141493
Veterans Law Judge
Decisions by this judge: 2,188 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19141493.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
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