Radiculopathy & sciatica decisions — 2021

The Veteran's claim for a rating greater than 30 percent for his service-connected cervical spine disability was remanded due to the need for a VA medical opinion regarding functional loss during flare-ups and/or with repeated use.,An effective date earlier than February 23, 2009 is sought for the assignment of a separate compensable rating for left upper extremity radiculopathy. The Veteran's claim was received on February 23, 2009.

The Veteran's petition to reopen his claim for service connection for a right knee disability is granted. Service connection for tinnitus is also granted. The Board finds that the claims of service connection for degenerative arthritis of the spine, intervertebral disc syndrome, scoliosis, and right sciatic radulopathy are remanded due to insufficient evidence regarding their etiology. The Veteran's claims for service connection for bilateral knee disabilities and right foot bunions are also remanded.

The Veteran's appeals for radiculopathy of the right and left lower extremities have been dismissed as he withdrew his appeal through his representative.

The Board has granted service connection for right lower extremity radiculopathy (RLER) associated with the Veteran's lumbar spine disability, effective September 8, 2014. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has dismissed the appeals regarding the reduction of disability ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as they were not ripe for appeal after the proposed reductions were implemented in a subsequent rating decision.

The Board has granted earlier effective dates of January 26, 2000 for service connection for lumbosacral strain with degenerative disc disease and spinal stenosis, right knee strain with degenerative arthritis, left knee strain with degenerative arthritis, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as his non-service-connected cataracts prevented him from securing or following such employment.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed disabilities. The issues include bilateral carpal tunnel syndrome, cervical spine disability, lumbar spine disability, bilateral ankle disability, and right leg sciatica.

The Board has remanded the cases for further examination and evaluation due to lack of recent VA examinations. The Veteran's lumbar spine and bilateral lower extremity radiculopathy disabilities are being evaluated again.

The Board has remanded the cases for further development and to obtain retrospective opinions regarding erectile dysfunction and neuropathy.

The Veteran's right lower extremity sciatica is granted as service connected, with the Board finding it likely caused by his service-connected lumbar spine DDD and cervical spine spondylosis. The other issues are remanded for further evaluation.

The Board has remanded several issues including earlier effective dates for LLER and RLER, higher ratings for back disability and radiculopathy, and a TDIU claim due to inextricably intertwined issues. The Veteran's service-connected conditions include LLER, RLER, and back disability.

The Board has dismissed all issues on appeal due to the Veteran's withdrawal of his appeals before the promulgation of a decision.

The Veteran's initial rating for DJD of the thoracolumbar spine prior to November 28, 2012 is granted at 20 percent. The Veteran's claim for an increased rating for DJD of the thoracolumbar spine from February 1, 2013 onwards is denied. A separate rating of 40 percent for RLE radiculopathy is granted.

The Veteran's increased ratings for radiculopathy of the left and right lower extremities have been denied, while a total disability rating based on individual unemployability prior to July 17, 2018 has been granted.

The Veteran's cervical spine disability was granted an increased rating of 30 percent prior to August 23, 2019.,An initial rating in excess of 30 percent for the cervical spine disability since August 23, 2019, and a separate rating for left upper extremity radiculopathy were denied.

The Veteran's PTSD was granted service connection, and his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy were all granted initial ratings. The claim for service connection for bilateral hip and knee disabilities is remanded.

The Veteran's LLE radiculopathy of the sciatic nerve is granted an increased rating to 40 percent, effective May 10, 2015.,Effective from May 10, 2015, the Veteran is granted a TDIU based on her service-connected disabilities.

The Board has remanded the claims for service connection for various knee and hand disorders due to incomplete development of records.

The Board has remanded the Veteran's claims for increased ratings for bilateral leg numbness associated with the sciatic nerve due to additional development needed, including obtaining private medical records and a VA examination.