Radiculopathy & sciatica decisions — 2023

The Veteran's thoracic spine disability was rated at 10 percent prior to February 21, 2018 and at 20 percent thereafter. The cervical spine disability was granted a 20 percent rating.,Radiculopathy of the right upper extremity received a 40 percent rating from September 19, 2023, while radiculopathy of the left upper extremity received a 30 percent rating from that date.

The Veteran's claims for an earlier effective date for service connection of right lower extremity radiculopathy and increased rating for major right shoulder disability are denied. The Veteran was not granted these benefits until March 17, 2017.,For the psychiatric disability, the Veteran received a grant of increased ratings from June 2, 2021 onwards.

The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent and this rating is granted. The Board also found that a higher rating is not warranted for his right lower extremity radiculopathy.,The Veteran's degenerative lumbar spine disease with spinal stenosis is remanded to determine if the Veteran has experienced functional equivalent of ankylosis, which would affect his TDIU claim.

The Veteran's service-connected disabilities, including PTSD and lumbar spine conditions, have rendered him permanently housebound since April 7, 2018. The Board has granted an effective date of April 7, 2018 for SMC based on his housebound status.

The Board has decided that the Veteran's claims for service connection for right and left lower extremity radiculopathy need to be remanded due to procedural issues with the appeal process.

The Veteran's claims for increased ratings and effective dates have been denied as the evidence does not show an increase in severity within a year prior to his July 31, 2018 claim.,There is no legal basis to assign earlier effective dates for the Veteran's tinnitus or left lower extremity radiculopathy claims.

The Board has remanded the claims for increased ratings for lumbar spasm, left and right lower extremity sciatic radiculopathy, and right great toe hallux valgus due to additional development being required. The Veteran's conditions are considered more severe than current ratings suggest now.

The Veteran's bilateral hearing loss is granted as service-connected, effective from the date of receipt of his claim on January 11, 2018.,Service connection for tinnitus was denied due to lack of prior communication indicating intent to file a claim before January 11, 2018.

An effective date of January 19, 2017, is granted for service connection for RLE radiculopathy.,A disability rating of 40 percent for lumbar spine degenerative arthritis and IVDS with scoliosis is granted from February 1, 2021, through July 25, 2023.,From July 26, 2023, a higher than 20 percent rating for lumbar spine degenerative arthritis and IVDS with scoliosis is denied.

The Board has granted service connection for bilateral lower extremity radiculopathy and denied service connection for liver disorder and skin disorder, all on a secondary basis to the Veteran's service-connected low back disability.

The Board denied the Veteran's claims for service connection for radiculopathy of the right lower extremity and a right hand disability, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Veteran's appeal is remanded for additional development regarding his service-connected cervical spine degenerative arthritis, right upper extremity radiculopathy, and left upper extremity radiculopathy.,A retrospective medical opinion is needed to determine the severity of the Veteran's service-connected right and left upper extremity radiculopathy (and their relation to additional diagnoses of right carpal tunnel syndrome and transverse myelitis).

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions.

Effective July 23, 2009, a 40 percent rating for the Veteran's low back disability is granted.,Effective May 20, 2009, a 20 percent rating for right lower extremity radiculopathy and left lower extremity radiculopathy are granted.

The Veteran's left upper extremity radiculopathy is currently rated at 20 percent, the maximum rating available under the applicable diagnostic code. The Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied the Veteran's claims for service connection for left foot disability, hypertension secondary to lumbar spine and radiculopathy left lower extremity, and increased ratings for urinary urge incontinence, degenerative arthritis with herniated disc and degenerative disc disease of the lumbar spine, and radiculopathy, left lower extremity. The Veteran's lumbar spine disability is currently rated at 20 percent.

The Veteran's peripheral neuropathy, right lower extremity, sciatic nerve, right upper extremity (radial, median, and ulnar nerves), left upper extremity (radial, median, and ulnar nerves), and left lower extremity (sciatic nerve) have been granted a 20 percent disability rating effective April 9, 2009.

The Veteran's claims for right upper extremity and left upper extremity diabetic peripheral neuropathy have been denied.,The Veteran's diabetes mellitus has been granted a 20% rating effective October 28, 2019. The ratings for the left and right lower extremities diabetic neuropathies affecting the sciatic nerve are also granted with the same effective date.

The Veteran's bilateral lower extremity radiculopathy has been granted effective from November 15, 2018.,No higher disability ratings are warranted for the Veteran's bilateral lower extremity radiculopathy.

The Veteran's service-connected lumbosacral strain is rated at 40 percent, and the Board finds that a higher initial rating of 40 percent is warranted.