Radiculopathy & sciatica decisions — 2021

The Board denied service connection for residuals of neck injury, residuals of back injury, and radiculopathy in the extremities (claimed as peripheral neuropathy of the bilateral lower extremities).,The preponderance of evidence did not support a finding that these conditions began during or were otherwise related to active duty service.

The Veteran's claims for increased ratings for lumbar strain, right lower extremity radiculopathy, and right knee conditions are being remanded due to the need for further action by the AOJ.

The Veteran's lumbar spine disability is granted as service connected.,Right lower extremity radiculopathy secondary to service-connected lumbar spine disability is granted.,Left lower extremity peripheral neuropathy, presumed due to Agent Orange exposure, is remanded for further development.

The Veteran's service connection claims for degenerative disc disease of the lumbar spine, left and right lower extremity radiculopathy of the sciatic nerve are all granted as secondary to his service-connected degenerative disc disease of the lumbar spine.

The Veteran's service-connected disabilities have resulted in him being in need of regular aid and attendance, which is granted as special monthly compensation (SMC).

The Veteran's service-connected musculoskeletal disabilities, including her bilateral knee and lumbar spine conditions, have prevented her from obtaining or maintaining substantially gainful employment since April 10, 2017.

The Veteran's lumbar spine IVDS is granted at a 40 percent evaluation beginning November 17, 2016. The initial evaluations for sciatic radiculopathy of the left and right lower extremities are denied.

The Veteran's left lower extremity radiculopathy is rated at 40 percent prior to August 28, 2020, and the appeal for a higher rating is denied from that date forward.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation from December 31, 2015 to June 5, 2019. From June 5, 2019, the Veteran was in receipt of a 100% rating for lung cancer and SMC based on his additional service-connected disabilities.

The Veteran's claims for increased ratings for his service-connected low back disability and radiculopathy are being remanded due to the addition of new evidence.

The Veteran's radiculopathy of the left lower extremity is currently rated as 10 percent disabling. The Board has determined that a new examination is needed due to his testimony indicating an increase in severity since the last examination.

The Veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain is denied.,The Veteran's claims for compensable disability ratings prior to October 1, 2019, and in excess of 20 percent thereafter, for radiculopathy of the right lower extremity are denied.,The Veteran's claim for a compensable disability rating prior to October 1, 2019, and in excess of 20 percent thereafter, for radiculopathy of the left lower extremity is denied.

The Veteran's back disability is rated at 20 percent, but the evidence does not support a higher rating due to limited forward flexion of the thoracolumbar spine.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent and there is no indication that it warrants a higher rating.

The Board denied the Veteran's claims for increased ratings and earlier effective dates for his service-connected left upper and lower extremity peripheral neuropathy, finding that the evidence did not support higher evaluations or earlier effective dates.

The Veteran's sciatic radiculopathy of the LEFT and RIGHT lower extremities, as well as his IVDS of the lumbar spine, have been granted increased ratings. The highest possible rating for IVDS based on incapacitating episodes is now in effect.

The Board has remanded the Veteran's claims for further development due to inadequate medical opinions and incomplete compliance with prior remand instructions.

The Veteran's claims for higher ratings for her lumbar spine and right knee disabilities were denied. The claim for a higher rating for arthritis and chondromalacia of the right knee prior to September 17, 2013 was granted with a 10% rating.

The Board has remanded the case due to a failure to provide a VA examination as requested in a previous remand. The Veteran's right upper extremity radiculopathy is currently rated at 20 percent, and the Board finds that a higher rating is warranted.

The Veteran's right leg peripheral vascular disease resulted in claudication on walking less than 25 yards and an ankle/brachial index of 0.62, which does not meet the criteria for a higher rating.,Prior to December 19, 2019, the Veteran had mild incomplete paralysis of the sciatic and femoral nerves in both legs; as of that date, he had moderate incomplete paralysis.

The Board has remanded the case due to insufficient evidence regarding whether sciatica was initially diagnosed during service or is related to service-connected conditions. The Veteran's claim for service connection for sciatica will be further evaluated by a VA examiner.