Radiculopathy & sciatica decisions — 2023

The Board has remanded the claims for lumbar degenerative disc disease with spinal stenosis and radiculopathy, left knee degenerative joint disease, and right knee degenerative joint disease due to pre-decisional duty-to-assist errors. The Veteran's service connection claims are being returned for further development.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and incomplete service records. The Veteran is seeking service connection for bilateral foot condition, lower back condition, and radiculopathy of the left and right lower extremities.

The Veteran withdrew his appeals regarding various disability ratings and other claims before the Board of Veterans' Appeals.

The Veteran's claims for increased ratings for PTSD and left lower extremity radiculopathy, as well as his claim for service connection for diverticulitis, are being remanded due to a duty to assist error. The Veteran is also raising a claim for TDIU.

The Board dismissed the appeals for lumbosacral strain with segmental instability, left leg sciatica, and right lower extremity radiculopathy as well as the TDIU claim due to lack of timely filing of a VA Form 10182 Notice of Disagreement.

The Board has granted the Veteran's appeals for vacatur of decisions denying increased ratings and effective dates, except for tinnitus where a higher rating is not available as a matter of law.

The Veteran's cervical spine disability and cervical radiculopathy are granted as service connected. The cervical radiculopathy is also granted as secondary to the cervical spine disability.

The Board has granted an initial rating of 20 percent for the Veteran's right lower extremity sciatic nerve radiculopathy, finding that it presents with moderate incomplete paralysis.

The Veteran's application to reopen the claim for service connection for a headache disability has been granted.,Service connection for lumbosacral strain with right lower extremity radiculopathy is granted.

The Veteran's claims for increased ratings and service connection for various conditions are being remanded due to the need for additional examinations.,An effective date prior to December 26, 2017, for the award of service connection for right lower extremity radiculopathy is denied.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional medical opinions regarding the severity of his bilateral spondylolysis, left lower extremity radiculopathy, and right lower extremity radiculopathy. The AOJ is also directed to issue a Supplemental Statement of the Case (SSOC) with respect to these issues.

The Board has granted a 10 percent rating for bowel incontinence associated with thoracic scoliosis. The right lower extremity sciatic radiculopathy and left and right carpal tunnel syndrome issues are remanded due to insufficient evidence.

The Veteran's right lower extremity sciatic nerve radiculopathy and femoral nerve radiculopathy, as well as left lower extremity sciatic and femoral nerve radiculopathies, have been granted increased ratings.,Effective from March 23, 2011, to October 4, 2013, the Veteran's right lower extremity sciatic nerve radiculopathy was rated at 40 percent; right lower extremity femoral nerve radiculopathy at 30 percent; left lower extremity sciatic nerve radiculopathy at 20 percent; and left lower extremity femoral nerve radiculopathy at 20 percent.

The Board has remanded the Veteran's claims due to inadequate VA examinations and need for additional evidence. The issues of radiculopathy of the right upper extremity, headaches secondary to cervical spine disability, and hernia are addressed in the Remand section.

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's lower extremity radiculopathy and its relationship to service-connected back disability.

The Board has granted service connection for right upper extremity, left upper extremity, and left lower extremity neuropathies due to herbicide exposure. Service connection was also granted for hemochromatosis caused by a service-connected skin disorder.,A rating of 30 percent is assigned for bilateral flat feet since July 10, 2012.

The Board has remanded the Veteran's claim for an additional VA medical opinion to address the nature and etiology of her cervical spine disability, including whether it is related to service or due to her service-connected lumbar spine disability.

The Board has remanded several service connection issues due to insufficient evidence or need for further development.

The claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of the Veteran's conditions.

The Veteran's appeal for an earlier effective date for the grant of service connection for right lower radiculopathy, sciatic was denied. The Board found that no communication prior to June 14, 2018, reasonably could be interpreted as a request for this condition. Additionally, it is not factually ascertainable that the Veteran had right lower extremity radiculopathy during the period from June 14, 2017, to June 13, 2018, when he filed his claim for an increased rating of lumbar spine disability.