Citation Nr: 21027492
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 15-36 704
DATE: May 5, 2021

ORDER

Entitlement to service connection for lumbar radiculopathy of the right lower extremity is granted.

Entitlement to service connection for lumbar radiculopathy of the left lower extremity is granted.

Entitlement to service connection for right drop foot is granted.

Entitlement to service connection for left drop foot is granted.

Entitlement to service connection for sciatica of the right lower extremity is granted.

Entitlement to service connection for sciatica of the left lower extremity is granted.

FINDING OF FACT

The Veteran's lumbar radiculopathy of the bilateral lower extremities, bilateral foot drop, and sciatica of the bilateral lower extremities are proximately due to her service-connected lumbar spine disability. 

CONCLUSIONS OF LAW

1. The criteria for service connection for lumbar radiculopathy of the right lower extremity as secondary to service-connected lumbar spine disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

2. The criteria for service connection for lumbar radiculopathy of the left lower extremity as secondary to service-connected lumbar spine disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

3. The criteria for service connection for right drop foot as secondary to service-connected lumbar spine disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

4. The criteria for service connection for left drop foot as secondary to service-connected lumbar spine disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

5. The criteria for service connection for sciatica of the right lower extremity as secondary to service-connected lumbar spine disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

6. The criteria for service connection for sciatica of the left lower extremity as secondary to service-connected lumbar spine disability are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active military service from July to December 1988 with additional service in the Army National Guard that included periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).  She testified before the undersigned Veterans Law Judge during an August 2019 hearing.  This matter is on appeal from an August 2013 rating decision and was previously remanded by the Board of Veterans' Appeals (Board) in November 2019.  

The Board also remanded the issues of service connection for degeneration of lumbosacral intervertebral disc and displacement of lumbar intervertebral disc with myelopathy.  A June 2020 rating decision granted service connection for lumbar spine, bulging discs, which constituted a full grant of claims for the lumbar spine disabilities.  The Board concludes that those claims are no longer on appeal.  

The Veteran contends that service connection is warranted for her lumbar radiculopathy of the bilateral lower extremities, bilateral foot drop, and sciatica of the bilateral lower extremities. 

Private treatment records show diagnoses of lumbar radiculopathy, foot drop, and sciatica.  See, e.g., May 2012 and July 2012 records.  A March 2011 private record shows that the radiculopathy, foot drop, and sciatica were associated with the Veteran's lumbar spine disabilities.  The Board acknowledges that the December 2019 VA examiner opined that there was no objective evidence of a bilateral lower extremity nerve condition.  Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran has lumbar radiculopathy, foot drop, and sciatica.  Accordingly, the Board concludes that the Veteran does have currently diagnosed bilateral lower extremity nerve disabilities.  Since the private treatment records show that they are due to the service-connected lumbar spine disability, after resolving all doubt in favor of the Veteran, the Board finds that service connection for lumbar radiculopathy of the bilateral lower extremities, bilateral foot drop, and sciatica of the bilateral lower extremities is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Barstow, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.