Radiculopathy & sciatica decisions — 2023

The Veteran's initial ratings for thoracolumbar DJD, LLE radiculopathy, and RLE radiculopathy have been granted at the maximum available rating of 60 percent. SMC based on one service-connected disability rated as total (due to additional service-connected disabilities) has also been granted.

The Veteran's cervical spine disability and left upper extremity radiculopathy are granted service connection. The appeal for the radiculopathy of the left and right sciatic nerves is dismissed as they have already been granted.

The Board has remanded the claims for service connection due to insufficient consideration of the Veteran's lay statements regarding his symptoms and treatment.

The Veteran's lumbosacral spine condition was rated at 10 percent prior to November 7, 2019, and a higher rating is denied. Since then, the Veteran has been granted a 20 percent disability rating for his left lower extremity radiculopathy.,For the period since September 27, 2021, the Veteran's left lower extremity radiculopathy was rated at 20 percent.

The Board has remanded the claims for further development due to new evidence being added to the record.

The Veteran requested to withdraw his appeal for service connection of radiculopathy of the bilateral upper extremities, and the Board granted this request.

The Board has remanded the claims for left total knee arthroplasty and right lower extremity radiculopathy due to inadequate development. The Veteran's left knee disability may be related to service, but a definitive opinion is needed regarding its etiology.

The Board has determined that the Veteran's right foot disability, other than radiculopathy, is related to her service-connected left lower extremity and/or lumbar spine disabilities. As a result, the appeal for service connection for this condition is granted.

The Veteran's claims for increased ratings and initial ratings were denied. The case was remanded for further development, including a TDIU claim.

The Veteran's appeal for increased ratings for RLE lumbar radiculopathy has been dismissed as the Veteran opted into the modernized review system under the Appeals Modernization Act (AMA).

The Veteran's claims for increased ratings and earlier effective dates are remanded due to the need for additional examinations. The Board will consider all issues when readjudicating these matters.

The Board has remanded the cases for further development and opinion regarding service connection for a neck disability and bilateral upper extremity radiculopathy. The claims are being remanded due to incomplete information about the Veteran's periods of active duty, ACDUTRA, and INACDUTRA.

The Board has remanded three issues related to the Veteran's service-connected cervical spine disability, including evaluations for DDD with IVDS and associated neurological abnormalities. The remand requires obtaining VA treatment records from VistA, BAMC, and private providers, as well as obtaining retrospective medical opinions regarding the severity of the disabilities prior to January 2020.

The Board dismissed the Veteran's appeals for various rating and effective date claims due to his withdrawal of the appeal.

The Veteran requested to withdraw all issues on appeal, including service connection for radiculopathy of the right and left lower legs.

The Veteran's neck disability and back disability are rated at 20 percent, but no higher. Service connection for lumbar degenerative joint disease and radiculopathy is granted.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment.

The Board has remanded the case due to inadequate examination and needs a new VA examination to determine if the Veteran's right lower extremity neurological disorder is related to her service-connected right hip condition.

The Board has decided to remand the Veteran's claims for increased rating and service connection due to incomplete medical records and need for further examination.

The Board has dismissed the appeals for earlier effective dates as the appellant died during the appeal process.