Radiculopathy & sciatica decisions — 2023

The Board has granted a 20% rating for right and left lower extremity radiculopathy beginning March 31, 2020. The Veteran's thoracolumbar spine disability remains rated at 40%. There is no higher rating available for the low back disability.

The Veteran's appeal was dismissed as he withdrew his appeals regarding the ratings for his lumbar spine disability and associated lower extremity radiculopathies.

The Veteran's TDIU and SMC under 38 U.S.C. § 1114(s) appeals are granted, but the Board finds that remand is necessary for further development of his service-connected low back disability, left lower extremity lumbar radiculopathy, and right lower extremity lumbar radiculopathy claims.

The Board has remanded the cases for additional development due to inadequate previous examinations. The Veteran's conditions have resulted in increased ratings, but the claims remain active.

Your claim for service connection for right upper extremity radiculopathy has been granted. The appeal is dismissed as the issue is no longer in appellate status.

The Veteran's appeal for a compensable disability rating for sensorineural hearing loss, right ear is dismissed.,The petition to reopen the claim of service connection for erectile dysfunction is granted and it is determined that his erectile dysfunction is proximately due to service-connected coronary artery disease.

The Veteran's cervical strain disability is rated at 10 percent prior to March 14, 2018 and at 20 percent from March 14, 2018 until December 15, 2021. Beginning December 15, 2021, the Veteran's cervical strain disability is rated at 30 percent.,The Veteran's right upper extremity radiculopathy associated with cervical strain and degenerative arthritis is currently rated at 20 percent.,The Veteran's tinnitus is rated at 10 percent.,Entitlement to higher ratings for the Veteran's service-connected conditions has been denied.

The Board has remanded the Veteran's claims for service connection for left elbow, back, and right leg disabilities due to incomplete development of records and inadequate medical opinions. The claims are being returned for further action.

The Board has granted service connection for tinnitus, herniated disc of the lumbar spine with low back pain, radiculopathy left lower extremity, and radiculopathy right lower extremity. The issues related to these conditions have been resolved in favor of the Veteran.

The appeal with respect to the issue of entitlement to a rating in excess of 40 percent for sciatic radiculopathy of the left lower extremity from June 29, 2021 is dismissed. The issues of entitlement to an initial rating in excess of 10 percent and a rating in excess of 20 percent for sciatic radiculopathy of the left lower extremity prior to August 31, 2020, and from August 31, 2020, to June 28, 2021 are remanded.

The Board has remanded the case for additional development, including obtaining retrospective medical opinions and records. The issues of increases in ratings for various lower extremity radiculopathies and a TDIU are also being remanded.

The Board has reopened the Veteran's claim for service connection of a lumbar spine disability and granted it. However, the issue of secondary service connection for bilateral lower extremity radiculopathy is remanded due to insufficient evidence.

The Veteran's service-connected disabilities have caused her to require regular aid and assistance for activities of daily living, such as dressing and undressing. The Board has granted special monthly compensation (SMC) based on the need for regular aid and attendance.

The Veteran's bilateral pes planus claim was dismissed as it had been fully granted in a prior rating decision. The right knee, radiculopathy, and ankle disabilities were denied due to lack of service connection or aggravation by service-connected conditions.

Your claim for service connection for a back disability is being remanded because we need to obtain your Social Security Administration records and you have not completed the necessary forms.,Your claims for service connection for radiculopathy of the right lower extremity are also being remanded due to incomplete forms. We need you to complete and return VA Forms 21-8940 and 21-4192.,Your TDIU claim is being remanded because we need you to cooperate in obtaining evidence needed to adjudicate your claims, including completing the necessary forms.

The Veteran's claims for effective dates earlier than May 21, 2012 for left great toe neuropathy and left lower extremity sciatica have been denied as the effective date is based on the date of receipt of the claim.,The Veteran's claims for service connection for cervical spine DDD, degenerative arthritis of the lumbar spine, right lower extremity sciatica, and a lumbar scar received August 31, 2011 have been denied as there are no earlier unaddressed filings or communications that would warrant an earlier effective date.

The Board has remanded the claims for a higher rating for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran is also seeking an earlier effective date for his separate rating of right lower extremity radiculopathy.

The Veteran's claims for service connection for various conditions, including OSA, sarcoidosis, back disability, radiculopathy, and hip disabilities are granted. However, some issues remain remanded due to the need for additional medical opinions.

The Veteran's lumbar spine disability is rated at 20 percent since July 15, 2013. A separate 10 percent rating for left lower extremity radiculopathy is also granted from that date. The right shoulder issue has been remanded.

The Board has granted special monthly compensation (SMC) based on the need for aid and attendance from September 20, 2017. The Veteran's service-connected disabilities cause him to be at a high risk of falling due to numbness in his hands and feet.