Radiculopathy & sciatica decisions — 2023

The Board dismissed the appeal of the proposal to sever service connection for intervertebral disc syndrome and radiculopathy left lower extremity as these were only proposals in a February 2020 rating decision, not final decisions. The AOJ had already implemented the proposed severances in an April 2020 rating decision.

The Board has found that remand is still necessary due to the Veteran's failure to appear for scheduled VA examinations and the need to consider his recent losses. The issues of increased evaluations for lumbar spine disability, radiculopathy of the lower extremities, and TDIU are all being remanded.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient evidence. The issues include bronchitis, right hand swelling, degenerative disc disease of the lumbar spine, radiculopathy of the lower extremities, and TDIU/DEA eligibility.

The Board has granted service connection for right lower extremity radiculopathy and awarded an effective date of June 19, 2017. The Veteran's radiculopathy was first documented in VA medical records on that date.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining private treatment records and scheduling VA examinations.

The Veteran's service-connected disabilities are not of sufficient severity to produce unemployability, and the Board finds that she is not unable to secure or follow a substantially gainful occupation due solely to her service-connected conditions.

The Board has remanded several issues related to service connection for various conditions, effective date determinations, and other claims due to procedural defects in the initial rating decision.

The Veteran's initial disability rating for a lumbar spine disability prior to August 27, 2021 is granted at 40 percent. The claim for an increased rating in excess of 40 percent from that date is denied.

The Veteran's low back disorder is rated at 10 percent prior to July 8, 2019, and 20 percent thereafter. The effective date for service connection of the low back disorder due to aggravation by a service-connected disability has been granted as July 12, 2017.,The Veteran's left lower extremity radiculopathy is rated at 10 percent. An earlier effective date of March 14, 2019, for the grant of service connection for this condition has also been granted.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for updated VA examinations to assess the current severity of her service-connected disabilities.

The Board has remanded the cases due to inadequate VA examinations and requests for further development, including scheduling additional VA examinations.

The Veteran's appeal for special monthly compensation (SMC) for aid and attendance was denied because the evidence did not show that his service-connected disabilities alone rendered him in need of regular aid and assistance.,Initial ratings higher than 10 percent for hypopigmented scars, residual of cervical fusion, and scars, status post cervical fusions were also denied as there was insufficient evidence to support these claims.

The Board has dismissed the appeals of the Veteran's claims for service connection due to his death.

The Veteran's bilateral lower extremity radiculopathy is rated at 20 percent each, with the Board finding that both conditions best approximated moderate incomplete paralysis of the sciatic nerve.

The Veteran's claim for service connection and increased ratings were granted. Service connection was established for right lower sciatic radiculopathy, but not for other conditions due to lack of evidence supporting exposure to toxic substances. Increased ratings were denied for right ear hearing loss, left knee anterior cruciate ligament partial tear, left knee instability, right fibula fracture (claimed as right ankle condition), and degenerative arthritis of the spine.

The Veteran's lumbar degenerative arthritis and spondylosis are rated at 20 percent, which is the maximum rating available under VA guidelines.,The Veteran's left lower extremity sciatic radulopathy is also rated at 20 percent.

The Board has dismissed the appeals for PTSD, left leg radiculopathy, right leg radiculopathy, and degenerative changes of the cervical spine as the appellant requested to withdraw his appeal.

The Veteran's claimed bilateral shoulder, neck, left arm, left finger, and back disorders were not incurred in or caused by service. The disorders were not aggravated by, proximately due to or the result of service-connected disabilities.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss, lumbar spine disability, left lower extremity radiculopathy (left hip), left hip disability, left ankle disability, and left foot disability are all granted. The claim for service connection for gastroesophageal reflux disorder (GERD) is also granted.