Radiculopathy & sciatica decisions — 2023

The Board has determined that the VA medical opinions provided in March and August 2023 are inadequate to address all of the issues raised by the Veteran's representative. The Board is therefore remanding the case for further examination and opinion.

The Board has remanded several issues related to the Veteran's lumbar spine disability, femoral radiculopathy of the bilateral lower extremities, peripheral neuropathies, and diabetes mellitus with erectile dysfunction. The AOJ is instructed to contact the Veteran's representative for a current mailing address and obtain relevant private treatment records.

The Veteran's low back disability, including degenerative disc disease, is granted service connection.,Right lower extremity radiculopathy is granted service connection.,Left lower extremity radiculopathy is granted service connection.

The Board found that the withholding of VA compensation benefits for 14 training days in FY 2015 was proper because the Veteran received concurrent pay and thus, the withholding did not violate her rights.

The Board has decided to remand the veteran's claims for service connection due to the lack of available service treatment records and the need for VA examinations.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's radiculopathy, right lower extremity is granted a 20 percent rating prior to December 6, 2016 and a 40 percent rating from that date. The TDIU claim was denied.

The Veteran's major depressive disorder is granted a 70% disability rating from May 18, 2014 to August 18, 2023. The cervical spine degenerative arthritis and right upper extremity radiculopathy are both denied for the entire initial rating period.

The Board has granted service connection for a left shoulder disability, low back disability, and right lower extremity radiculopathy as secondary to the low back disability. The decision is based on the Veteran's in-service injuries and continuous symptoms since service.

The Veteran's appeal for service connection and increased ratings was denied. The decision granted service connection for left upper extremity radiculopathy with a 40% evaluation, effective February 10, 2022, and an increased rating of 50% for right upper extremity radiculopathy, also effective February 10, 2022. The appeal was denied as the Veteran is not eligible for attorney fees based on past-due benefits awarded in the August 2022 rating decision.

The Veteran's radiculopathy of the right lower extremity is currently rated as 10 percent disabling. The Board has remanded this issue due to a pre-decisional duty to assist error and the need for an updated VA examination.

The Board denied the appellant's claims for effective dates prior to August 18, 2020, for service connection of a lumbar spine disability and prior to March 21, 2022, for bilateral lower extremity peripheral neuropathy. The effective date for service connection was granted on August 18, 2020.

The Veteran's lymphatic system disability (Castleman's disease) and skin disabilities have been remanded for further review due to new evidence received since the last denial.

The Veteran's GERD and radiculopathy of the left lower extremity (LLE) have been granted service connection. The Veteran's stomach ulcers, left hip condition, and hemorrhoids are denied.,Service connection for GERD is granted as it is presumed to have onset during active service.

The Veteran withdrew his appeals for earlier effective dates of service connection for degenerative arthritis of the lumbar spine, tinnitus, and right lower extremity radiculopathy. The appeal is dismissed.

The Veteran withdrew his appeal in its entirety prior to the promulgation of a decision, leaving no issues for further consideration.

The Board has decided to remand the case due to inadequate VA medical opinion and a need for additional evidence. The Veteran's back disability is being reviewed again, including considering his service-connected bilateral knee disabilities as a potential cause.

The Board has remanded the Veteran's claims for service connection for various disabilities, including cervical spine disability, right and left knee disabilities, left foot disability, radiculopathy of the right lower extremity, radiculopathy of the bilateral upper extremities, and bilateral shoulder disabilities. The claims are being returned to the RO for further development.

The Veteran's appeal for earlier effective dates and increased ratings for GERD, LLE radiculopathy, and RLE radiculopathy is dismissed. The Board also remanded the claims for further development due to new evidence.

The Board has remanded the claims for service connection for cervical and thoracolumbar spine disabilities, as well as sciatica. The Veteran's representative provided arguments based on medical literature in November 2023, which necessitates an addendum opinion from a VA clinician.