Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment prior to February 10, 2015. Effective May 29, 2013, the Veteran was granted SMC based on his left knee disability.

The Veteran's lumbosacral degenerative arthritis with lumbar spasm and IVDS is rated at 40 percent prior to June 5, 2014, and the Board has remanded this issue for further development.,The Veteran's left lower extremity sciatica is rated at 10 percent. The Board has also remanded this issue for further development.,The Veteran's right lower extremity sciatica prior to June 5, 2014 and bladder impairment associated with lumbosacral degenerative arthritis are both remanded for further development.

The Board denied the Veteran's claim for service connection for lumbar spine disability, finding that there was no evidence of a chronic condition in service or within the applicable presumptive period. The Board also found that continuity of symptomatology had not been established and that the current disability is not otherwise etiologically related to an in-service injury or disease.

Service connection is granted for a low back disability, right and left lower extremity radiculopathy, and major depressive disorder as secondary to the Veteran's service-connected low back disability.,Service connection is denied for a right knee condition and a left knee condition.

The Veteran's asbestosis is granted due to in-service asbestos exposure.,Service connection for lumbosacral strain with intervertebral disc syndrome, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded.

The Veteran's claims for higher ratings on multiple service-connected conditions are being remanded to the RO/AMC for further development and consideration.,Issues include scars of the left abdomen, scar of the posterior trunk (back), residuals status post gunshot wound to the abdomen, residuals status post gunshot wound to the lower back, PTSD, tinnitus, lumbosacral strain, and left lower extremity radiculopathy.

The Veteran withdrew his appeal for restoring the 20 percent disability evaluation for right upper extremity radiculopathy from August 2021.

The Veteran's claims for service connection have been remanded due to the need for further development and examination.

The Board has remanded several claims for service connection and effective dates, including those related to spondyloarthritis with spondylolisthesis, lumbar strain, posterior central disk protrusion and cauda equina compression, as well as various radiculopathy conditions. The Veteran's complete VA treatment records prior to January 2002 are requested for review.

The Board has remanded several issues related to the Veteran's low back disability, bilateral lower extremity radiculopathy, and TDIU claim due to new evidence added to the record. The claims are being returned for further development.

The Board has ordered remand for additional development and examination due to inconsistencies in the February 2020 VA examination report regarding flare-ups, as well as other evidence of muscle spasms. The Veteran's claims for secondary service connection for left upper extremity radiculopathy, painful motion, and headaches are also addressed.

The Board has remanded the Veteran's claims for further development due to outstanding VA and private treatment records, as well as examinations.

The Veteran's claim for service connection for erectile dysfunction was denied due to failure to report for a scheduled VA examination.,Service connection for rheumatoid arthritis, claimed as joint pain, was denied because the evidence did not establish a nexus between the condition and active service.

The Veteran's right hip disorder is granted as secondary to service-connected left hip osteoarthritis.,Service connection for sciatic and peroneal radiculopathy of the right lower extremity associated with bilateral L5 spondylolysis with grade 1 anterolisthesis and degenerative disc disease at L5-S1 is granted with a rating of 40 percent, effective June 18, 2018.

The Board has granted service connection for hypertension, hemorrhoids, headaches, and bilateral lower extremity radiculopathy (secondary to the Veteran's service-connected lumbar spine condition). The rating of 10 percent disability is assigned for these conditions. Service connection for hypertensive heart disease was denied due to lack of current diagnosis.

The Veteran's initial ratings for right and left lower extremity radiculopathies prior to October 13, 2016 were denied as the evidence did not support a finding of at least moderate incomplete paralysis.,The Veteran's initial ratings for right and left lower extremity femoral radiculopathies were denied as the evidence did not support a finding of severe incomplete paralysis.

The Veteran's lumbar spine arthritis with degenerative disc disease is granted as service-connected.,The Veteran's right and left lower extremity radiculopathy are also granted as service-connected.

The Board has remanded the claims for increased ratings for lumbar spine disability and bilateral radiculopathy of the lower extremities, as well as the claim for TDIU due to unresolved issues related to examinations and treatment records.

The Veteran's claims for increased ratings for radiculopathy of the upper extremities are being remanded due to inadequate development and examination.

The Veteran's claims for effective dates earlier than November 13, 2020 for the grant of service connection for radiculopathy (sciatic nerve) and radiculopathy (femoral nerve) left lower extremities have been denied.,The reductions in ratings for radiculopathy (sciatic nerve) right lower extremity from 40 to 20 percent, effective May 5, 2021, and for radiculopathy (femoral nerve) right lower extremity from 30 to 20 percent, effective May 5, 2021, have been determined to be void ab initio.