Radiculopathy & sciatica decisions — 2023

The Veteran's claim for service connection for left lower extremity radiculopathy is granted. The TDIU and Dependents' Educational Assistance eligibility prior to July 26, 2022 are also granted.

The Board has remanded the claims for a higher rating for lumbar spine disability and right lower extremity radiculopathy, as well as the TDIU claim due to lack of clarity in the Veteran's statement regarding withdrawal of the TDIU appeal.

The Veteran's tinnitus is granted as service connected.,The Veteran's spondylolysis of the lower spine and left lower extremity sciatica are both granted as service connected.,Left lower extremity sciatica secondary to spondylolysis of the lower spine is also granted.

The Veteran's claims for higher ratings for his cervical radiculopathy with carpal tunnel syndrome were denied as the evidence did not show that the conditions warranted a rating in excess of the current assigned ratings.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, otitis externa, and a cervical spine disability due to incomplete information regarding his periods of active duty, ACDUTRA, and INACDUTRA. The VA will obtain updated treatment records, verify the dates of service, and provide medical opinions on the etiology of the disabilities.

The Veteran's claims for service connection for bilateral leg disabilities, including leg cramps and radiculopathy of the lower extremities, are being reopened due to new evidence. The issue of lumbar DDD is also remanded.

The Veteran's TDIU claim is granted from August 11, 2016 due to his service-connected disabilities preventing him from securing and maintaining gainful employment.

The Board has remanded the Veteran's claims for increased ratings for radiculopathy of both lower extremities due to incomplete assessment and lack of updated VA treatment records.

The appeal for a disability rating in excess of 10 percent prior to June 24, 2021 and in excess of 40 percent thereafter for a neck disability is denied.,The appeal for a disability rating in excess of 20 percent prior to June 24, 2021 and in excess of 40 percent thereafter for right upper extremity radiculopathy is denied.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis, disc disease, and sciatica, is service-connected. The evidence supports a finding that this condition likely began during his military service.

The Board has granted a separate rating of 30 percent for the Veteran's left upper extremity radiculopathy, finding it proximately due to his service-connected left shoulder disability.

The Veteran's claim for a higher rating for left lower extremity radiculopathy from August 4, 2020 is remanded.,The Veteran's claim for a higher rating for right lower extremity radiculopathy from February 12, 2010 is remanded.,The Veteran's claim for a higher rating for low back strain with spondylolisthesis and degenerative disc disease, L5-S1 is remanded.

The Veteran's claims for increased ratings for his service-connected back, neck and right upper extremity radiculopathy disabilities are being remanded due to the need for additional development including VA examinations.

The Veteran's claim for residuals of dengue fever, a lumbar spine disability, diabetes mellitus type II, peripheral neuropathy of the right and left lower extremities, and TDIU prior to September 29, 2008 have all been denied.,The Board found that there was no current evidence of residuals from dengue fever or any other service-connected condition. The Veteran's low back disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period.

The Veteran's appeals for the propriety of reducing his disability ratings and entitlement to a higher rating have been dismissed due to his withdrawal of these claims.

The appeal of the evaluations for bilateral upper extremity, sciatic and femoral peripheral neuropathy has been dismissed as the Appellant withdrew her appeal.

The Veteran's service-connected disabilities rendered him unemployable for the period on appeal prior to January 24, 2019.

The Veteran's appeal for a TDIU prior to May 13, 2016 is denied. The Board has also remanded the issues of increased evaluation for low back disabilities and initial evaluations for radiculopathy of the right sciatic and femoral nerves.

The Board granted effective dates of April 26, 2010 for the awards of service connection and initial disability ratings for bilateral lower extremity paresthesia/radiculopathy and left lower extremity paresthesia/radiculopathy. The Veteran also received a higher rating for his left lower extremity paresthesia/radiculopathy.

The Veteran's service-connected lumbar spine and lower extremity neurological disabilities are being remanded for further evaluation.