The Veteran's radiculopathy in the right lower extremity was not caused or aggravated by VA fault or negligence, and there is no evidence of an unforeseen event. Therefore, compensation under 38 U.S.C. § 1151 has not been met.
The deciding factor: The preexisting sciatic root irritation from the back and degenerative joint disease of the right hip caused the Veteran's numbness and radiculopathy in the right lower extremity prior to VA treatment, and there is no evidence that the June 2012 injection made it worse or caused it.
- Claimed conditions
- radiculopathy in the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2019
- Citation
- 19162955
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 19162955.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The veteran's appeal for earlier effective dates was dismissed because the veteran withdrew the appeal.
- Partly granted
The veteran's service connection for several conditions, including lower back, knee, shoulder, neck, and asthma, was granted. However, service connection for sinusitis and bronchitis was denied.
- Remanded (sent back)
The Veteran's claims of higher disability ratings for back and radicular disabilities are remanded due to the possibility of worsening since a previous examination in 2018. The TDIU claim is also remanded as it is intertwined with the remanded claims.
- Granted
The Veteran's right and left lower extremity radiculopathies are granted as secondary to his service-connected lumbar spine disability. The appeal for a higher than 40 percent rating for the lumbar spine disability is dismissed.
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