Radiculopathy & sciatica decisions — 2023

The Veteran's left hip strain is caused by his service-connected radiculopathy of the lower extremities. The Board finds that there is at least a 50% likelihood that the Veteran's bilateral flat feet are caused or aggravated by his service-connected ankles.

The Veteran's service connection for left lower extremity radiculopathy, as secondary to his service-connected lumbar DJD, is granted. From September 28, 2017, a rating of 20 percent for right achilles tendonitis is granted.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his in-service injuries and has persisted since then. The decision also acknowledges the Veteran's self-reported symptoms and treatment.

The Board has ordered remand for further development due to inadequate compliance with previous remand directives regarding the Veteran's service connection claims for various knee, hip, back, and sciatic nerve disorders.

The Veteran's appeal of the ratings assigned for his lumbar spine, left and right lower extremity radiculopathy, and left and right knee osteoarthritis has been dismissed as the award of a TDIU effective March 2, 2012 satisfies the Veteran's appeals.

The Board has remanded the Veteran's claims for chronic lumbar strain, left leg radiculopathy, and TDIU due to service-connected disabilities. The issues include seeking higher ratings, establishing service connection, and determining if he is unemployable.

The Veteran's migraine headaches are currently rated at 30 percent prior to October 15, 2018. The Board finds the disability picture shown in the October 2018 VA examination report best represents her disability for this period.,The Veteran has multiple service-connected disabilities that require further evaluation and clarification of their etiology.

The reduction from 20 percent to 0 percent for left upper extremity radiculopathy, effective February 1, 2019, was improper. The 20 percent disability evaluation is restored.,Entitlement to a disability rating in excess of 20 percent for left upper extremity radiculopathy from February 15, 2017 to February 18, 2020 is denied and entitlement to a disability rating in excess of 40 percent for left upper extremity radiculopathy from February 19, 2020 is also denied.

The Board has remanded the Veteran's claims for further development due to the need for updated VA examination reports and additional evidence.

The Board has denied service connection for glaucoma, white matter disease, dementia, lumbar spondylosis, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claims are based on presumptive service connection due to exposure to ionizing radiation in service.

The Board has determined that the Veteran's appeal is remanded due to incomplete records and need for further examination. The issues of increased ratings for lumbar spine disability, radiculopathy of lower extremities, cervical spine disability, and radiculopathy of upper extremities are being returned to the RO for further action.

The Veteran's radiculopathy claims are remanded due to the need for updated VA and private treatment records, as well as a VA peripheral nerves examination.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions and consideration of new evidence.

The Board has decided to remand the Veteran's claims for increased ratings due to potential increase in severity of his back disability, left lower extremity radiculopathy, and residual surgical scar. The Veteran will be provided with a new VA examination to determine current levels of impairment.

The Veteran's claims for increased ratings of depressive disorder, diabetic neuropathy of the left and right lower extremities affecting the sciatic and femoral nerves have been denied due to failure to report for scheduled VA examinations in September 2023.,The Veteran's claim for TDIU has also been denied as it is dependent on the claims for increased ratings which were denied.

The Board has remanded the cases for additional development due to inadequate opinions regarding the Veteran's functional loss and impairment during flare-ups and with repeated use over time.

The Veteran's left lower extremity radiculopathy was rated at 20 percent from April 25, 2016 to October 14, 2019.

The Board has remanded the claims for bilateral foot disorders and lower back disability, as well as related radiculopathy disabilities due to inadequate VA examinations and failure to substantially comply with prior remand directives.

The Veteran's claim for an effective date earlier than December 4, 2009 for right lower extremity radiculopathy was denied.,The Veteran's claim for a rating in excess of 10 percent for right lower extremity radiculopathy prior to October 24, 2017, and in excess of 20 percent from that date was also denied.

The Board has determined that further development is necessary for the Veteran's claims of service connection for various conditions, including depression, lumbar and cervical spine disabilities, left upper extremity radiculopathy, right knee patellofemoral pain syndrome, jaw disability, GERD, IBS, and tension headaches. The records will be sought to provide more information on these claims.