Radiculopathy & sciatica decisions — 2023

The Board denied service connection for chronic neck pain, finding no evidence of a disease or injury during active duty or qualifying periods of reserve service. The Veteran's current cervical spine disability is not related to any in-service event and is considered a result of normal aging.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities contributed to his death, and to consider new evidence submitted by the appellant.

The Veteran's claim for separate ratings of 20 percent for radiculopathy of the right and left lower extremity femoral nerves prior to December 11, 2019 is granted. The effective date remains pending as it was not specified in this decision.

The Board has ordered the Regional Office to obtain private treatment records from Dr. M-M for the Veteran's bilateral hearing loss, RLE radiculopathy, and LLE radiculopathy claims. The appeals are remanded due to incomplete evidence.

The Board granted an earlier effective date of January 23, 2008 for the grant of service connection for left upper extremity radiculopathy. The Veteran's claim was reopened based on new evidence submitted after a previous denial.

The appeal of TDIU prior to September 6, 2019 is dismissed as moot due to the grant of benefits at the start of the appeal period. The SAH and SHA claims are remanded for additional development.

The Veteran's claims for increased ratings for lumbosacral spine degenerative joint disease and lower left extremity radiculopathy associated with the condition have been denied. The evidence does not support a higher rating based on ankylosis or IVDS, and the current disability levels are considered to be most consistent with moderate incomplete paralysis prior to July 15, 2022, and moderately severe incomplete paralysis thereafter.

The Veteran's cervical spine disability is granted as service connected.,Left upper extremity radiculopathy, claimed as left arm disability, and right upper extremity radiculopathy are both granted as secondary to the service-connected cervical spine disability.,Left foot disability, including pes planus, is granted as service connected.,An increased rating for residuals of mild traumatic brain injury (TBI) is remanded.

The Board has remanded the case due to a lack of an effective date for the TDIU prior to September 19, 2017. The Veteran's service-connected disabilities are expected to render him unemployable.

The Board denied service connection for the Veteran's neck disorder, bilateral upper extremity radiculopathy, and their secondary relationship to a service-connected low back disability.,The Board also denied service connection for left upper extremity radiculopathy and right upper extremity radiculopathy as they were not attributable to military service or service-connected conditions.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete information or development needed.

The Veteran's claims for an initial rating in excess of 20 percent for LLE radiculopathy, sciatic nerve and for an effective date earlier than July 13, 2017 are remanded due to the need for additional development. The TDIU claim is also remanded as it may be affected by the outcome of the other claims.

The Veteran's left upper extremity radiculopathy and cervical spine disability have been granted a rating of 60 percent, effective November 10, 2010. The TDIU claim is also granted.

The Veteran's claim for a higher rating for paralysis of all radicular groups of the right upper extremity was denied. The Board found that the evidence did not support a finding of entitlement to a disability rating in excess of 40 percent.

The Board has determined that the Veteran's tinnitus did not begin in service or within a presumptive period, and was not noted in service with continuity of symptomatology since service. The right-hand disability (claimed as arthritis), right shoulder disability, left hip disability, left arm disability (claimed as carpal tunnel syndrome), sciatica of both legs, and dental deformity are remanded for further examination and opinion.

The Veteran's radiculopathy of the bilateral lower extremities is being remanded for further evaluation and to determine the etiology of any newly diagnosed nerve conditions.

The Board has granted service connection for right-sided sciatica, finding that the Veteran's symptoms began during service and have persisted since then.

The Veteran's claims have been dismissed due to withdrawal of appeals for a compensable rating for onychomycosis and reopening of previously denied claims. Service connection has been granted for right knee strain, degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and sleep apnea as secondary to service-connected conditions.

The Board has dismissed the appeal for an increased rating for bilateral hearing loss due to withdrawal. The earlier effective date claim for left ear hearing loss is denied as there was no evidence of a current disability at the time of the November 2013 denial, and VA did not have knowledge that the Veteran's hearing loss would progress to a compensable level. Service connection for right leg radiculopathy and left leg radiculopathy is remanded due to lack of an examination.

The Board has remanded the Veteran's claims for increased ratings for his service-connected left shoulder disorder and cervical radiculopathy of the left upper extremity due to inadequate examinations, duty-to-assist issues, and potential extraschedular considerations.