Radiculopathy & sciatica decisions — 2021

The Veteran's lumbar spine disability is rated at 60 percent, effective from the date of this decision. The right lower extremity radiculopathy and hip limitations are not rated higher.

The Board has remanded the SMC claim due to insufficient evidence regarding the Veteran's employment status and additional VA and private treatment records are needed. The appeal is now in remand status.

The Board has denied increased disability ratings for the Veteran's right hip, right lower extremity sciatic nerve paralysis, and left lower extremity sciatic nerve paralysis as their conditions do not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's cervical spine disability is granted a 30% rating effective from January 28, 2011. The issues of initial compensable evaluations for patellofemoral syndrome and chondromalacia of the left and right knees are remanded.

The Board denied service connection for lumbar spine disability, radiculopathy of the lower extremities, and hypertension, including secondary to PTSD. The Veteran's current conditions were not shown as chronic in service or within a presumptive period, and continuity of symptomatology was not established.

The Veteran's degenerative joint disease of the lumbar spine, scoliosis, and radiculopathy of the bilateral lower extremities are all granted as service-connected. The initial rating for complex regional pain syndrome is increased to 40 percent.

The Veteran's claims for service connection for bilateral hearing loss and somnambulism were denied. The Veteran was granted an initial disability rating of 20 percent for left lower extremity radiculopathy, but the issue pertaining to right lower extremity radiculopathy is still pending.

The Board has granted service connection for cervical disc degeneration and left cervical radiculopathy, finding that these conditions are secondary to the Veteran's right shoulder gunshot wound.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, residuals of calcaneus stress fracture, left foot, ED, hypogeusia (loss of smell), lumbar L-5 spondylolysis, and sciatic radicular pain, RLE.,The issues of entitlement to service connection for ED, including as due to service-connected disability; hypogeusia (loss of smell); lumbar L-5 spondylolysis; and sciatic radicular pain, RLE are remanded.

The Board denied service connection for left shoulder disorder, right shoulder disorder, left elbow disorder, carpal tunnel syndrome of the right upper extremity, and carpal tunnel syndrome of the left upper extremity as there was no evidence of these conditions during or within one year after service.

The Board has determined that additional development is needed for several claims, including the restoration of a left knee rating, increased ratings for right-hand fingers, and service connection for additional lumbar spine disabilities. The issues are remanded as they are inextricably intertwined with these other claims.

The Board has remanded the case for referral to Compensation and Pension Service for extraschedular TDIU consideration prior to September 3, 2015. The Veteran's TDIU was granted on September 3, 2015.

The Board has determined that further development is necessary to address the Veteran's claims for service connection for various disabilities, including those related to exposure at Camp Lejeune. The claims are being remanded to obtain additional medical records and a new VA examination.

The Veteran's claims for increased ratings for her right ankle, left knee, flat feet, thoracolumbar strain (back condition), and sciatic radiculopathy of the right lower extremity have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's low back disability is currently rated at 20 percent, but the Board denied an increased rating greater than 20 percent.,The Veteran was granted a 20 percent initial rating for radiculopathy of the left lower extremity (femoral nerve) and a 10 percent initial rating for radiculopathy of the left lower extremity (sciatic nerve).,The Board denied an increased rating greater than 20 percent for radiculopathy of the left lower extremity (sciatic nerve), finding that it more nearly approximated moderate paralysis.

The Board has remanded the issue of TDIU prior to October 26, 2016 due to insufficient evidence in the record regarding whether the Veteran's service-connected disabilities rendered him unemployable.

The Board dismissed the Veteran's appeals for increased ratings and earlier effective dates for left and right upper extremity cervical radiculopathy as they were not properly before the Board in the Appeals Modernization Act (AMA) system.

The Veteran's chronic pain syndrome and left lower extremity lumbar radiculopathy are granted service connection. The right hip disorder and acquired psychiatric disorder are remanded for further development.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran's cervical and lumbar spine disabilities, as well as bilateral lower extremity radiculopathy, are being reviewed again.

The Veteran's appeals for increased ratings for intervertebral disc syndrome, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed as the appeal was withdrawn by the Veteran through his authorized representative.