Radiculopathy & sciatica decisions — 2022

The Board has remanded the Veteran's claims for right and left lower extremity radiculopathy due to the need for clarification of the nature of his disability, a new VA examination, and consideration of the one-year period prior to December 4, 2009, when determining the effective date of any increased rating.

The Veteran's appeal is remanded for further examination and evaluation on the issues of service connection for cervical spine disability, bilateral shoulder disability, radiculopathy of the bilateral upper extremities, right foot disability (including bunion), and OSA.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional medical examinations and records.

The Board has granted service connection for the Veteran's low back disability, diagnosed as lumbosacral spondylosis, lumbar radiculopathy, lumbosacral strain, and arthritis, finding that it had its onset during service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including a higher rating for lumbar spine strain and radiculopathy, as well as service connection for lower extremity radiculopathy. The TDIU claim is also being remanded.

The Veteran's claim for increased ratings for his bilateral sciatic radiculopathy has been granted. However, the claims for increased ratings for right shoulder status post-surgery and degenerative arthritis of the left shoulder are remanded due to missing private treatment records.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his service-connected cervical spine disability and bilateral upper extremity radiculopathy, as well as additional development of the claims file.

The Board has restored the prior ratings for right and left upper extremity radiculopathy, effective August 1, 2018, due to a procedural error in reducing those ratings.

The Veteran's increased ratings for bilateral lower extremity radiculopathy are denied. The appeal is not about service connection, but rather the assignment of a specific rating.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, lumbar spine disability, and radiculopathy of both lower extremities due to lack of a current diagnosis for PTSD and failure to cooperate with VA examination requests.

The Veteran's claims for increased ratings for low back disability and right sciatic nerve radiculopathy were denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Veteran's claims for bilateral knee disorder, right and left lower extremity radiculopathy are remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for a higher rating for left lower extremity radiculopathy is remanded due to the need for additional development, including scheduling of VA examinations and obtaining medical records.

The Board has remanded the Veteran's claims for service connection for a back disorder and pancreatitis due to incomplete development of his medical records, particularly those from before 2007. The VA examiner is requested to provide opinions regarding whether these conditions are related to service.

The Board denied service connection for a cervical spine disability and a lumbar spine disability, including lumbar disc herniation at L4-L5 status post laminectomy, spondylosis and right sided radiculopathy. The Veteran's cervical spine disability was found not to be related to his active duty service or any other condition. His lumbar spine disability was also not found to be directly related to his active duty service.,The Board concluded that the Veteran did not have a compensable degree of cervical spine disability within one year after discharge and there was no evidence of chronicity of care, complaints, or treatment during service.

The Veteran's lumbar strain and bilateral lower extremity radiculopathy have been rated based on their service-connected status. The Board has found that the evidence does not support a higher rating for these conditions during the appeal period.

The Veteran's right knee disability is currently rated at 10 percent, but the Board has remanded for further development to determine if a higher rating of 30 percent is warranted due to additional functional loss resulting in weakness and limited motion.

The Veteran's thoracolumbar spine disability is rated at 40 percent, but no higher, and his radiculopathy of the left lower extremity is rated at 20 percent for the period prior to September 13, 2021. The Veteran's radiculopathy of the right lower extremity is rated at 60 percent, but no higher.,The Veteran's thoracolumbar spine disability and his radiculopathy of the left lower extremity are not entitled to increased ratings.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to insufficient evidence or examination reports. The TDIU claim is also remanded as there is no supporting information in the record.

The Veteran's acquired psychiatric disorder, including PTSD and Major Depressive Disorder, cervical spine disability, and radiculopathy of the left upper extremity are all granted service connection. The claims were initially denied in a November 2010 rating decision but have been reconsidered due to additional evidence obtained after that decision.