Radiculopathy & sciatica decisions — 2022

The Veteran's appeal is being remanded for additional examinations and consideration of the TDIU claim prior to March 29, 2021.

The Veteran's claims for increased ratings for left and right leg radiculopathy and lumbar spine disability were denied. The Veteran was granted a 30% rating for bilateral leg radiculopathy as of October 27, 2016, but the claim for his lumbar spine disability remains noncompensable.

The Veteran's claim for service connection for urticaria has been reopened and granted. Service connection for hypertension is also granted due to herbicide agent exposure under the PACT Act.,Service connection for a back disability, glaucoma (secondary to DMII), stroke residuals, and neurological disability of the lower extremities (sciatica) are all remanded for further evaluation.

The Veteran's neck disability is rated at 20 percent, effective September 15, 2014.,The Veteran's left upper extremity radiculopathy is rated at 40 percent, effective February 3, 2014.

The Veteran's lumbar spine disability and left lower extremity radiculopathy were granted increased ratings, with the effective date set at November 9, 2019.

The Board has determined that the claims for service connection are remanded due to insufficient medical opinions regarding the etiology of the Veteran's lumbar and cervical spine disabilities, headaches, liver condition, and bilateral hip radiculopathy. The issues are inextricably intertwined with the remanded lumbar spine claim.

The Veteran's TDIU from March 2, 2016 is based on service-connected lumbosacral strain with degenerative changes. The Board found that the additional service-connected disabilities (right ankle, left ankle, right knee strain, tinnitus, and left lower extremity radiculopathy) are separate and distinct from the lumbosacral strain.

The Veteran's sciatica, left and right lower extremities, CTS in both upper extremities, rectum/anal issue, and testosterone deterioration are not service-connected.,Compensation under 38 U.S.C. § 1151 for these conditions is denied.

The Veteran's appeal is remanded for additional examinations and development to correct duty-to-assist errors in the prior rating decisions.

The Board has determined that the grant of service connection for left lower extremity radiculopathy was based on a clearly erroneous factual finding and thus, the severance of service connection is proper. The Veteran's claim for restoration of service connection for left lower extremity radiculopathy is denied.

The Board denied service connection for right upper extremity radiculopathy (also claimed as myelopathy) because there is no current or past diagnosis of this condition.

The Veteran's service-connected residuals of chemotherapy-induced peripheral neuropathy are rated at various levels, and the Board has determined that additional development is needed to determine the current severity of his disabilities.

The Veteran's right upper extremity radiculopathy is rated as mild incomplete paralysis of the upper radicular group, manifested by pain and sensory loss. The Board finds that a disability rating in excess of 20 percent is not warranted for the Veteran's right upper extremity radiculopathy at any point during the period on appeal.

The Veteran's failure to report for a VA examination scheduled in October 2022 resulted in the denial of his claim for TDIU prior to March 28, 2017.

The Board has remanded the Veteran's claims for further development due to procedural issues and the need for additional medical opinions.

The Board dismissed the appeal for service connection of left lower extremity radiculopathy of the sciatic nerve due to the appellant's withdrawal of her appeal.

The Board dismissed all claims due to the Veteran's death.

The Veteran's claims for service connection for left lower extremity radiculopathy and right lower extremity radiculopathy have been denied.,The Veteran's claim for a compensable rating for his left foot scar has also been denied.

The Veteran's tinnitus is granted as service-connected.,Service connection for degenerative arthritis of the lumbar spine, sciatica in either lower extremity, and bilateral hearing loss are denied. The Veteran needs a new VA examination to determine if his hearing loss was aggravated by service.

The Board has granted service connection for the Veteran's lumbar spine degeneration, sprain, and pain with right and left lower extremity radiculopathy as these conditions began during active duty training (ACDUTRA) and have continued since then.