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
- Not verified here — check the original decision
- Decision date
- August 14, 2019
- Citation
- 19162955
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19162955.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for the right ankle condition and denied earlier effective dates for the grants of service connection and increased rating for lumbosacral strain with degenerative arthritis and degenerative disc disease.
- Whole decision: Dismissed
The veteran's appeal for earlier effective dates was dismissed because the veteran withdrew the appeal.
- Whole decision: 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.
- Whole decision: 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.
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