Radiculopathy & sciatica decisions — 2023

The Board dismissed the appeal of entitlement to service connection for a right hip disability. The effective date for the award of service connection for right knee osteoarthritis was denied as it is not earlier than September 23, 2014. A compensable evaluation for migraine headaches was denied. For the period prior to March 2, 2020, a 20 percent rating for lumbar spine disability with associated radiculopathy was granted; however, an evaluation in excess of 10 percent for right lower extremity radiculopathy and left lower extremity radiculopathy was denied.

The Board has determined that the VA examinations provided are inadequate and requires new opinions to determine if the Veteran's claimed conditions are related to service.

An effective date of June 29, 2018 for a 40 percent rating for chronic low back strain with degenerative arthritis and intervertebral disc syndrome (low back disability) is granted.,The 20 percent ratings for sciatic nerve radiculopathy of the right lower extremity from September 1, 2018 through December 20, 2021 are reinstated.,The 20 percent ratings for sciatic nerve radiculopathy of the left lower extremity from September 1, 2018 through December 20, 2021 are reinstated.,An effective date of October 4, 2018 for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is granted.,TDIU on an extraschedular basis due to a service-connected low back disability, sciatic nerve radiculopathy of the right lower extremity, and, since April 16, 2013, sciatic nerve radiculopathy of the left lower extremity, effective from February 19, 2010 through June 28, 2018 is granted.,TDIU on a schedular basis due to a service-connected low back disability and sciatic nerve radiculopathy of the right and left lower extremities since June 29, 2018 is granted.

The Board has remanded the case due to new evidence received after the initial decision. The Veteran's radiculopathy of the right lower extremity is being reviewed again as it may be related to their service-connected lumbosacral strain and mild retrolisthesis at the L5-S1.

The Veteran's claims for increased ratings for right and left upper extremity radiculopathy were denied as his disabilities are rated at the maximum allowable under VA regulations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his service-connected lumbar spine disability and associated left lower extremity radiculopathy. The AOJ will also consider a TDIU claim, including on an extraschedular basis if appropriate.

The Veteran's claim for service connection for tinnitus has been granted. The issue of a rating in excess of 20 percent for left lower extremity sciatica is remanded.

The Board has remanded the Veteran's claim for further development due to issues with the definition of paralysis terms and failure to address the adequacy of a March 2015 VA examination.

The Board has remanded the claims of service connection for a back disability and sciatic nerve condition due to incomplete compliance with previous remand directives. Further examination is required.

The Board has remanded the case due to difficulties in scheduling a VA examination for the Veteran's radiculopathy, right upper extremity condition. The Veteran is currently incarcerated at JCCC and efforts are required to arrange an examination.

The Board has remanded the claim for a back condition, including arthritis of the lumbar spine, due to insufficient examination and opinion regarding service connection.

The Board has remanded the claims for an initial rating more than 10 percent for degenerative lumbar spine disease, right lower extremity radiculopathy, and left lower extremity radiculopathy. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's cervical spine disability is granted as service connected, and the appeal for TDIU is dismissed.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional evidence and a new VA examination.

The Board has remanded the cases for additional examinations and opinions to determine if the Veteran's current disabilities are related to his service, including any in-service injuries.

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

The Veteran's left lower extremity radiculopathy is manifested by moderately incomplete paralysis of the sciatic nerve and has been granted an initial rating of 40 percent.

The Board has remanded the issues of increased ratings for left and right lower extremity radiculopathy, as well as TDIU and DEA benefits prior to November 21, 2014. The Veteran needs a retrospective medical opinion regarding his symptoms during the appeal period.

The Veteran's radiculopathy of the sciatic and femoral nerves in both lower extremities was found to not meet criteria for a higher disability rating prior to June 4, 2021, and from that date forward. The claims are denied.

The Veteran's claim for TDIU is remanded due to the need for a VA examination to assess the combined impact of his service-connected disabilities on his ability to work.