Radiculopathy & sciatica decisions — 2022

The Veteran's lumbar spine disability and radiculopathy of the right lower extremity were granted a 20% rating, effective October 2, 2019. The left lower extremity radiculopathy was granted an effective date of October 2, 2019, with a 20% rating from that date.

The Veteran's claims for higher evaluations of various disabilities, including cervical strain, thoracolumbar spine degenerative arthritis (back disability), right and left lower extremity radiculopathies, and knee disabilities are being remanded due to the need for additional development.

The Board has granted service connection for a left knee disability, lower back disability, and left lower extremity radiculopathy as secondary to the Veteran's service-connected right knee disabilities.

The Board has remanded the Veteran's claims for additional development due to incomplete compliance with previous directives and the need for further clarification of opinions.

The Board has remanded the claims for increased ratings for low back pain with degenerative disc disease, left and right lower extremity radiculopathy due to additional development being required.

Service connection is granted for left and right lower extremity radiculopathy as secondary to service-connected degenerative arthritis of the lumbar spine.,Service connection is also granted for right knee instability as secondary to service-connected right knee degenerative joint disease.

The Veteran's claims for a compensable rating for hypertension and an increased rating for left lower radiculopathy with diabetic neuropathy are being remanded due to the need for updated VA treatment records and a new examination.

The Veteran's claims for increased disability evaluation for tinnitus and service connection for major depressive disorder, right lower extremity sciatica, and effective date prior to February 8, 2017 were denied.,The Veteran's claim for an earlier effective date of February 8, 2017 for the grant of service connection for right lower extremity sciatica was granted.

The Board has dismissed the appeal for an initial rating in excess of 10 percent for tinnitus. The Veteran's right sciatic radiculopathy is rated at 10 percent from January 30, 2020 through April 10, 2020. The effective date for service connection of right sciatic radiculopathy remains January 30, 2020. Service connection for colon cancer and residuals (including bowel incontinence) is remanded due to a duty to assist error.

The Board has denied all eleven earlier effective date claims for peripheral neuropathy disabilities, finding that the Veteran did not timely file a complete application within one year of his intent to file.

The Veteran's lumbar spine degenerative arthritis, left and right lower extremity sciatic nerve radiculopathy, and femoral nerve radiculopathy were evaluated as 20 percent disabling from August 12, 2016, to March 18, 2019. The rating was denied due to the Veteran's inability to work in her previous employment.

The Veteran's claims for increased ratings and individual unemployability have been remanded due to the need for additional medical examinations and consideration of extra-schedular TDIU.

The Veteran's service-connected disabilities, including his DDD involving the lumbosacral spine and related radiculopathy conditions, have rendered him unable to secure or maintain substantially gainful employment since December 1, 2011.

The appeals for service connection for left and right foot pes planus, weak legs, and back disorder have been dismissed.,Service connection for a back disorder has been reopened but denied on the merits.

The Board has remanded the cases for further development and readjudication due to issues raised in a Joint Motion for Partial Remand (JMPR). Specifically, the Veteran's lumbar spine disability is being evaluated for ankylosis or its functional equivalent. The peripheral neuropathy and radiculopathy of the sciatic nerve are also being remanded.

The Board has remanded the case for further development and adjudication of the increased rating claims, including obtaining private medical records from the Veteran's physician and requesting a completed VA Form 21-8940 for TDIU.

The Veteran's lumbar spine degenerative changes are rated at 40 percent since May 9, 2019. The right lower extremity radiculopathy is rated at 20 percent as of June 1, 2022.

The Veteran's appeal is being remanded due to procedural issues and the need for a SOC. The specific issues include increased ratings for PTSD, lumbar spine disability, bilateral lower extremity radiculopathy of the sciatic nerves, and femoral nerves.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating on an extraschedular basis at any time during the appeal period.

The Board has granted service connection for cervicalgia, status post cervical spine fusion.,Service connection is also granted for right upper extremity radiculopathy secondary to now service-connected cervicalgia, status post cervical spine fusion.