Radiculopathy & sciatica decisions — 2022

The Board has determined that the Veteran's residuals from his left hip surgery are additional disabilities caused by negligence on the part of VA, and compensation under section 1151 is granted.

The Board has remanded the Veteran's claims for increased ratings due to incomplete development. The case is being returned to the AOJ for further action.

The Board denied the Veteran's claims for service connection for lumbar spine disability and right and left lower extremity radiculopathy, finding that there was no nexus between his current conditions and active service.

The Board has remanded the Veteran's appeals for additional development due to a Joint Motion for Partial Remand (JMPR) from the Court of Appeals for Veterans Claims.

The Veteran's claims for earlier effective dates for radiculopathy affecting his left and right lower extremities have been dismissed as the issues are no longer live due to finality of prior decisions.,The claim for an earlier effective date for radiculopathy affecting the femoral nerve of the left lower extremity has been dismissed because it is a freestanding claim over which the Board has no jurisdiction.,The claim for an earlier effective date for radiculopathy affecting the sciatic nerve of the right lower extremity has been dismissed as a freestanding claim over which the Board has no jurisdiction.,The claim for an earlier effective date for radiculopathy affecting the femoral nerve of the right lower extremity based on CUE has not met the criteria to be granted.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The right lower extremity radiculopathy (sciatic nerve) and left lower extremity radiculopathy are each rated at 40 percent.,Service connection for cervical spine disability, right upper extremity radiculopathy secondary to cervical spine disability, and left upper extremity radiculopathy secondary to cervical spine disability is remanded. The Veteran's TDIU claim is also remanded.

The Board has determined that the VA examinations provided were inadequate and remanded for further development, including a new examination to determine if the Veteran's lower back, bilateral hip, and bilateral lower extremity radiculopathy disabilities are related to service.

The Board has remanded the claims for a lumbar spine disability, sciatic pain of the left lower extremity, and sciatic pain of the right lower extremity due to deficiencies in the record existing prior to the appealed decision. The Veteran's service treatment records document recurrent back pain after he initially reported it in 1970, and post-service treatment records show several complaints for lower back pain.

The Veteran's claim for service connection for sleep apnea has been denied as the evidence does not support a finding that his current condition is related to his service-connected conditions.,The Veteran's lumbar spine disability claim will be remanded due to a duty-to-assist error. A VA examination and opinion are needed to determine if the Veteran's current lumbar spine disability had its clinical onset during service or is otherwise related to any incident of service, including a naval ship hatch incident that resulted in back pain.,The Veteran's claim for service connection for radiculopathy, left lower extremity will be remanded due to a duty-to-assist error. A VA examination and opinion are needed to determine if the Veteran's current condition is related to his lumbar spine disability.,The Veteran's claim for service connection for radiculopathy, right lower extremity will be remanded due to a duty-to-assist error. A VA examination and opinion are needed to determine if the Veteran's current condition is related to his lumbar spine disability.

The Board denied earlier effective dates for increased ratings and service connection due to the fact that entitlement arose from worsening of pre-existing disabilities, as evidenced by May 2020 disability benefits questionnaires (DBQs).,No new evidence was submitted within one year prior to the receipt of the intent to file in October 2019.

The Board has remanded the cases due to a duty-to-assist error, requiring further development of VA and private treatment records related to the Veteran's back disorder and radiculopathy.

The Veteran's claim for a higher rating for his back condition prior to August 7, 2019 was denied as the evidence did not show forward flexion of the thoracolumbar spine 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS.,The Veteran's claim for a higher rating for his right sciatic radiculopathy from August 7, 2019 onwards was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.

The Veteran's service-connected disabilities, including major depressive disorder with anxious distress, lumbar spine disability, painful scars of the right knee, hypertension, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on this finding.

The Board has remanded the cases due to inadequate medical opinions regarding service connection for a lumbar spine disability and radiculopathy of the left lower extremity, which are claimed as secondary to the Veteran's service-connected left knee disability. The examiner is requested to provide an addendum opinion addressing whether these disabilities were incurred during service or due to in-service injury/illness, caused by her service-connected left knee disability, and if so, what the baseline level of disability was prior to aggravation.

The Board granted a 40 percent evaluation for radiculopathy affecting the left sciatic nerve from April 27, 2016 to October 26, 2021 and a 60 percent evaluation from October 27, 2021. The Veteran's disability was characterized as moderately severe incomplete paralysis of the sciatic nerve with no muscle atrophy up until October 26, 2021, when it became more accurately characterized as severe with marked muscle atrophy.

The Board has decided to remand the cases for further development due to inadequate VA examinations and incomplete records. The Veteran's claims of service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and allergic rhinitis are being returned to the RO for additional evidence.

The Veteran's tinnitus is granted as service connected.,Service connection for low back disability and radiculopathy of the lower extremities are denied.,Bilateral hearing loss is remanded for further development.

The Veteran's cervical spine disability is granted a 30 percent rating for the entire initial rating period. Prior to October 7, 2020, he was granted an initial 30 percent rating for left upper extremity radiculopathy and a 40 percent rating for right upper extremity radiculopathy from that date. From July 2, 2021, his ratings were changed to 30 percent under DC 8613.

The Veteran's radiculopathy of the right lower extremity was found to be at worst moderate in severity, and thus a rating in excess of 20 percent is denied.