Radiculopathy & sciatica decisions — 2022

The Board denied service connection for a cervical spine disability and right upper extremity radiculopathy, finding that the Veteran's current conditions are not related to his military service.,Service connection was also denied for left upper extremity radiculopathy due to lack of evidence.

The Veteran's service-connected lumbar spine and bilateral lower extremity disabilities have been granted. His left foot disability has also been increased to a 30 percent rating, effective from the date of his claim.

The Veteran's cervical radiculopathy of the upper extremities has been rated at 30 percent for the left upper extremity and 40 percent for the right upper extremity. The Board finds that higher ratings are warranted, but remands are necessary to obtain private treatment records and to afford a new VA examination.

The Board has granted special monthly compensation (SMC) based on the need of regular aid and attendance for the period since June 7, 2014 due to service-connected lumbar spine disability and bilateral lower extremity radiculopathy. The Veteran is considered permanently bedridden and in need of regular aid and attendance.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to September 17, 2020. Therefore, the claim for TDIU on an extraschedular basis is denied.

The Board has granted service connection for left thumb tendinosis, lower back degenerative arthritis, and bilateral sciatic radiculopathy. The conditions are deemed to be directly related to the Veteran's military service.

The Veteran's claims for restoration of service connection and reduction in disability ratings have been denied. The Board found that the initial determination to grant service connection was clearly erroneous.

The Board denied the Veteran's claims for increased ratings for right and left upper extremity radiculopathy prior to September 7, 2017, as the evidence of record did not show objective neurological impairment associated with his cervical spine disability before that date.

The Board has remanded the Veteran's claims for service connection for left lower extremity sciatica and TDIU prior to December 4, 2020 due to incomplete opinions regarding causation.

The Veteran's appeal for a compensable disability rating for dislocation of the right AC joint prior to July 11, 2017, and in excess of 20 percent beginning July 11, 2017, is dismissed. The Veteran's claim for service connection for right upper extremity radiculopathy is granted.

The Veteran's claim for service connection for lumbar degenerative joint disease and radiculopathy is granted due to a medical nexus established between his current conditions and military service.

The Veteran's claims for increased ratings for left and right lower extremity peripheral neuropathy (radiculopathy) were denied. The evidence did not support the assignment of higher ratings.

The Veteran's claim for service connection for a TBI or acquired psychiatric disorder was denied as the evidence did not support a finding of such disabilities during his active duty.,Service connection for degenerative arthritis of the lumbar spine with IVDS and radiculopathy, right lower extremity, sciatic nerve were also denied due to lack of supporting medical evidence.

The Veteran's appeals for increased ratings for his lumbosacral strain, intervertebral disc syndrome, and sciatic nerve radiculopathy have been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's service-connected disabilities, including lumbar spine disability, left knee and ankle disabilities, right knee and ankle disabilities, and right lower extremity radiculopathy of the sciatic nerve, are remanded for further evaluation due to assertions of worsening since previous examinations in 2018. The issues of increased ratings and TDIU are also remanded as they could significantly impact these decisions.

The Veteran's lumbar spine disability and associated left lower extremity radiculopathy are rated at 20 percent from August 9, 2010 to April 30, 2021.

The Veteran's cervical spine disorder, RUE radiculopathy, and headaches have been granted service connection as they are related to his military service.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional VA examinations to address the severity of his service-connected lumbar spine degenerative disc disease and right lower extremity sciatica, including flare-ups.

The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathy, as well as his back disability, were denied. The criteria for a rating greater than 20 percent for the right and left lower extremities prior to March 10, 2022, and after March 10, 2022, are not met. For the back disability, the criteria for a rating greater than 40 percent are also not met.

The Veteran seeks increased ratings for his low back disability and bilateral lower extremity radiculopathy, as well as service connection for a bilateral knee disability, bilateral foot disability, and chronic kidney disease. The Board finds that additional development is necessary prior to adjudication of these claims.,An earlier effective date claim for the grant of service connection for sciatic lumbar radiculopathy is also on appeal.