Radiculopathy & sciatica decisions — 2021

The Board has remanded the Veteran's claims for a back disability and bilateral lower extremity radiculopathy due to inadequate reasons and bases in the August 2019 decision. The issues include rating determinations from December 9, 2010, to July 17, 2017, and as of July 18, 2017, for a back disability; initial ratings for left and right lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and sciatic nerve disability due to conflicting opinions on their etiology. The RO will have an opportunity to reconsider these claims.

The Veteran's service-connected lumbar spine disability and left lower extremity sciatic nerve radiculopathy are rated at 20 percent, effective May 2, 2018. The bony deformity of the mandible is rated at 10 percent.

The Veteran's bilateral lower extremity sciatic and femoral peripheral neuropathy disabilities are rated at the lowest possible level (10%) for mild incomplete paralysis, and higher ratings are not warranted.

The Veteran's lumbar spine condition and associated bilateral lower extremity radiculopathies are remanded for further development, including a new VA examination to assess the severity of his conditions throughout the appeal period.

The Board has remanded the Veteran's claims for additional development due to a long history of remands and incomplete records. The issues include ratings for back disability, radiculopathy of the left and right lower extremities, and TDIU.

The Board has remanded the claims for service connection for a low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to lack of nexus opinions in VA examinations. The Veteran's representative argued for service connection for a cervical spine disorder but it was not included in the appeal.

The Board has decided to remand the claims for bilateral lower extremity radiculopathy due to insufficient evidence regarding whether service-connected lumbar spine degenerative disc disease caused or aggravated these conditions. Additional development is needed.

The Veteran's back disability is rated at 40 percent from January 3, 2017 to the present.,His right lower extremity radiculopathy is currently rated at 20 percent.

The Veteran's claim for service connection was granted on April 3, 2018 with effective date of April 3, 2018. The conditions include intervertebral disc syndrome (IVDS) of the lumbar spine and radiculopathy of the right lower extremity femoral nerve and sciatic nerve.

The Board denied the Veteran's claims for increased ratings for right lower extremity sciatic nerve radiculopathy and right knee degenerative arthritis with leg length discrepancy and right tibia/fibula compound fracture, finding that the evidence did not support a higher rating based on the current level of disability.

The Board found that the Veteran was not precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to February 10, 2020.

The Board has remanded the claims for service connection for bilateral upper and lower extremities radiculopathy due to a pre-decisional duty to assist error, as there are conflicting diagnoses in the Veteran's VA treatment records.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, resulting in a TDIU from October 23, 2018. His right and left lower extremity radiculopathies are rated at 20 percent each.

The Veteran's appeal is remanded due to the need for additional medical examinations and evaluations, particularly regarding the severity of his cervical strain and right upper extremity radiculopathy.

The Veteran's claims for increased ratings for intervertebral disc syndrome (IVDS), right ankle sprain, and lower extremity radiculopathy associated with IVDS are being remanded due to the need for additional medical examinations and records.

The Veteran's left and right lower extremity radiculopathy are now rated at 20 percent effective August 13, 2021. The lumbar spine strain is also remanded for further review.

The Veteran withdrew all his claims before a decision was made by the Board.

The Veteran withdrew his appeal before the Board could make a decision on his claims for increased ratings and effective dates for service connection of right and left lower extremity radiculopathy.

The Veteran's service-connected disabilities, including degenerative arthritis of the spine and herniated discs, have prevented him from participating in substantially gainful employment since September 29, 2009.