Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected conditions prevent him from dressing, undressing, bathing, grooming himself without assistance and requires care to protect him from daily hazards. The Board finds that SMC based on the need for aid and attendance of another is warranted.

The Veteran's appeal includes claims for a total disability rating based on individual unemployability and an increased rating for asthma. The Board has found that the Veteran meets the schedular requirements for TDIU, but remanded for further development regarding his asthma claim.

The Board has remanded the issues of entitlement to increased ratings for lumbar spine DDD, left knee patellofemoral syndrome, right knee status-post ACL reconstruction, and right knee instability due to inadequate retrospective medical opinions.

The Board has remanded the Veteran's claims of compensation under 38 U.S.C. § 1151 for lumbar spine, bilateral lower extremity, and bilateral foot disabilities due to a May 2013 InterStim trial study performed at the Houston VA Medical Center.

The Board has denied service connection for low back and sciatic nerve disorders as the evidence does not support a finding that these conditions had their onset during or were related to active duty service.

The Veteran's claims for increased ratings for his lumbar spine disability and hypertension are being remanded due to the need for updated VA examinations.

The Veteran's diabetes was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The evidence of record persuasively weighs against finding that the Veteran's BLE peripheral neuropathy began during active service or is otherwise related to an in-service injury or disease.,The evidence of record persuasively weighs against finding that the Veteran's BUE peripheral neuropathy began during active service or is otherwise related to an in-service injury or disease.,The evidence of record persuasively weighs against finding that the Veteran has had bilateral CTS at any time during or approximate to the pendency of the claim.,The evidence of record persuasively weighs against finding that the Veteran's bilateral eye conditions began during active service or is otherwise related to an in-service injury or disease.

The Board has reopened the Veteran's service connection claim for a back disability, including DDD, and granted service connection for radiculopathy of both lower extremities as secondary to her back disability. The decision is based on new evidence submitted since the prior denial.

The Veteran's bilateral lower extremity radiculopathy disabilities are rated at 40 percent each since March 8, 2015. The Board has found that the evidence does not support a higher rating for these conditions prior to August 30, 2022 and in excess of 40 percent thereafter. The TDIU claim is also remanded.

The Veteran's claim for increased ratings for left upper extremity cervical radiculopathy is being remanded due to the need for an addendum opinion on the etiology of his median nerve paralysis/carpal tunnel syndrome.

The Board denied the Veteran's claim for an earlier effective date for a 20% rating for right lower extremity radiculopathy affecting the sciatic nerve, finding that it is not factually ascertainable that the severity of the condition increased within a year prior to the filing of the claim.

The Veteran's claims for ratings in excess of 10 percent for right and left lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Board has determined that additional development is needed to obtain the Veteran's private treatment records and a medical opinion. The issues of entitlement to initial compensable disability rating for RLE meralgia paresthetica, an initial disability in excess of 20 percent for RLE PN of the sciatic nerve, and an initial disability in excess of 20 percent for RLE PN of the femoral nerve are being remanded.

The Board has remanded the Veteran's claims for right and left lower extremity radiculopathy, as well as his claim for TDIU due to service-connected disability. The case will be returned to the AOJ for further development.

The Veteran's back disability is rated at 40 percent, and the ratings for lower extremity radiculopathy are denied. The appeal is not about service connection.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that the evidence did not support a finding of in-service incurrence or aggravation and that any current condition is less likely related to military service.

The Veteran's low back disability is rated at 10 percent, and his left leg disability (radiculopathy) was initially rated at 10 percent prior to October 20, 2022, and then increased to 20 percent since that date. Both ratings are denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment as of January 29, 2020. The Board referred the issue of a TDIU rating prior to January 29, 2020 for consideration on an extraschedular basis.

The Board has remanded the claim for service connection for left knee arthritis, as secondary to service-connected DDD with spondylolisthesis of the lumbar spine, radiculopathy of the bilateral lower extremities, and right knee osteoarthritis with total knee replacement. Additional addendum opinions are needed to address the Veteran's theory that changes in biomechanics due to other service-connected conditions have aggravated his left knee arthritis.

The Veteran's appeal of the left lower extremity radiculopathy issue is dismissed.,From October 1, 2011 to June 29, 2021, the right lower extremity radiculopathy was rated at 20 percent and denied a higher rating.