Radiculopathy & sciatica decisions — 2021

The Board has granted disability ratings of 40 percent for bilateral lower extremity radiculopathy/sciatic nerve paralysis, effective January 28, 2013. The Veteran's symptoms more nearly approximated moderately severe incomplete paralysis.

The Board granted a total disability rating based on individual unemployability (TDIU) for the Veteran's cervical spine DDD, which was part of an increased rating request. The attorney is entitled to 20% of past-due benefits awarded in September 2020.

The Veteran's service-connected radiculopathy of the right lower extremity (sciatic) was granted effective August 19, 2019. An earlier effective date is denied as the claim arose prior to May 31, 2006.

The Veteran's claim for service connection for right lower extremity radiculopathy was granted with an effective date of March 6, 2014. The initial rating assigned is 10 percent.

The Veteran's left ear hearing loss is rated as noncompensable, and he does not have service-connected hearing loss in his right ear.,New evidence has been submitted to warrant readjudication of the claims for varicose veins of the lower extremities and low back disability. However, these claims are denied.

The Veteran's claim for an earlier effective date for cervical spine degenerative arthritis is denied as the increase in disability became factually ascertainable on February 9, 2019.,The Veteran's claims for earlier effective dates for left and right lower extremity radiculopathy are denied because these conditions did not arise until after the initial claim period.,The Veteran's claim for an earlier effective date for Dependents' Educational Assistance (DEA) is granted as of November 13, 2018.

The Board has determined that further development is needed for the Veteran's claims related to his right ankle, hip, cervical spine, migraine, and knee disabilities. The VA examinations are deemed inadequate due to lack of proper range of motion testing and failure to address flare-ups.

The Board has remanded the Veteran's claims for neck disability, bilateral upper extremity radiculopathy, and back disability due to inadequate examinations and lack of clear opinions regarding service connection.

The Board has found that there is not enough evidence to support the Veteran's claims for service connection of low back disability, bilateral ankle disability, migraines, chronic fatigue syndrome, and neurological disability. The case is being remanded for further development.

The Veteran's claims for higher initial disability ratings for bilateral lower extremity radiculopathy of the femoral nerve and left lower extremity radiculopathy of the sciatic nerve were denied as his symptoms did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection for migraines and bilateral lower extremity radiculopathy due to inadequate compliance with previous remand directives. The case is being returned to the Board for further development.

The Veteran's lumbosacral spine disability is now rated at 40% effective September 10, 2020. Other conditions have been denied or remanded.

The Veteran's appeal for an earlier effective date for a rating of 20 percent for spondylosis at L5 with degenerative joint disease and intervertebral disc syndrome is dismissed. The remaining issues are remanded for further development.

The Veteran's claims for service connection for various disabilities, including a left shoulder disability, bilateral wrist and ankle disabilities, and a back disability have been denied. The right shoulder disability, diabetes, and bilateral lower extremity radiculopathy are being remanded for further examination.,The Veteran was not provided with examinations to determine the current nature and etiology of his claimed conditions by VA since those in February 2013.

The Veteran's claims for effective dates prior to specific dates are being remanded due to procedural issues and lack of formal or informal claims.

The Veteran's claim for service connection for a hip disability is dismissed as the benefit was granted in a January 2020 rating decision.,Claims for earlier effective dates for increased ratings of 20 percent for back and bilateral lower extremity disabilities are denied. The Veteran did not have these conditions prior to February 10, 2015.,Service connection is denied for neck disability as there is no evidence it was incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for back and lower extremity radiculopathy disabilities are remanded. The Veteran's current effective date is February 10, 2015.,Service connection is denied for sleep apnea and asthma as there is no evidence they were incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for right knee disability and total disability rating based on individual unemployability are remanded.

The appeal regarding the low back disability is dismissed. Service connection for cervical spine and upper extremity disabilities is granted.

The Board has remanded the claims for service connection for headaches, sleep apnea, right upper extremity nervous disorder (to include radiculopathy), left upper extremity nervous disorder (to include radiculopathy), and right ear hearing loss due to potential undiagnosed illness related to service in Southwest Asia. The Veteran's current diagnoses of these conditions are unclear, and further medical opinions are needed.

The Veteran's right foot plantar fasciitis was reduced from a 30% to a 10% disability rating, effective November 1, 2018.,The Veteran's right lower extremity radiculopathy of the sciatic nerve was reduced from a 20% to a 10% disability rating, effective November 1, 2018.,The Veteran's left lower extremity radiculopathy of the sciatic nerve was reduced from a 10% to a noncompensable disability rating, effective November 1, 2018.

The Board has remanded the claims for further development due to inadequate retrospective assessments of the Veteran's lumbar spine disability and lower extremity radiculopathy.