Radiculopathy & sciatica decisions — 2023

The Board has granted service connection for radiculopathy of the left lower extremity as secondary to the Veteran's service-connected lumbosacral strain.

The Board has granted an effective date of October 28, 2015 for the grant of a 20 percent rating for right lower extremity femoral radiculopathy. The issues regarding increased ratings for spondylosis with central stenosis, herniated disc with displacement, degenerative disc disease of the lumbar spine and right lower extremity sciatic radiculopathy are remanded.

The Board has granted service connection for cervical spine DDD and DJD, RIGHT upper extremity radiculopathy, LUMBAR spine DDD and DJD, RIGHT lower extremity radiculopathy, and LEFT lower extremity radiculopathy. Service connection was denied for prediabetes/hyperglycemia, obstructive sleep apnea, a LEFT heel disorder (also claimed as 'bursitis hindfoot'), and a RIGHT eye disability.

The Board has remanded the case due to insufficient evidence regarding the Veteran's left knee condition and its relationship to service, with a focus on obtaining additional medical opinions.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed conditions and whether they are related to service. The claims for service connection will be remanded.

The Board has remanded the cases due to insufficient evidence regarding the etiology of the Veteran's cervical strain and bilateral upper extremity radiculopathy.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of all claims.

The Board has remanded the case due to an inadequate VA medical opinion and a need for further development regarding the Veteran's right leg disorder, including its relation to his back condition and recurrent deep vein thrombosis (DVT).

The Veteran's claim for service connection for a cervical spine disability was reopened on the basis of new and material evidence. The appeal is granted to this extent.,The effective date for the grant of service connection for a lumbar spine disability prior to August 21, 2020 remains denied.,The Veteran's right knee disability has been rated with a separate 10 percent rating since December 15, 2009 due to slight instability. The appeal is denied.,The effective date for the grant of service connection for left lower extremity radiculopathy prior to July 17, 2009 remains denied.,The Veteran's acquired psychiatric disorder has been rated with a disability rating in excess of 50 percent since May 20, 2023. The appeal is denied.,The Veteran was granted TDIU effective prior to May 30, 2023.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of moderate incomplete paralysis of the sciatic nerve prior to April 4, 2012, or moderately severe incomplete paralysis thereafter.

The Veteran's claim for a rating in excess of 20 percent for left lower extremity radiculopathy is being remanded due to the need for further development.

The Board has remanded the Veteran's claims for increased evaluations for his lumbar spine disability and related radiculopathy due to a lack of retrospective medical opinions. The Veteran is required to undergo VA examinations to provide such opinions.

The Board has remanded the claims due to insufficient evidence and need for further development, including verification of Dr. V.L.'s presence in the operating room and obtaining an adequate medical opinion.

The Board has decided that the December 2021 rating decision did not properly address the issue of attorney fees based on past-due benefits, and thus requires a remand to correct this procedural error.

The Veteran's appeals for increased disability ratings and special monthly compensation were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during their pendency.

The Veteran's tinnitus was granted service connection and rated at 10 percent.,Initial ratings for radiculopathy of the right lower extremity and left lower extremity were denied as they did not meet the criteria for a rating in excess of 10 percent.

The Board denied the Veteran's claim for service connection for left lower extremity lumbar radiculopathy, finding that it did not have its onset in service or within one year of separation and is not otherwise related to service.

The Veteran's claims for earlier effective dates and increased ratings for right lower extremity sciatic radiculopathy, as well as a compensable rating for left lower extremity sciatic radiculopathy, have all been denied.,Right lower extremity sciatic radiculopathy was rated at 10 percent prior to August 19, 2021 and at 20 percent as of that date. The Veteran's left lower extremity sciatic radiculopathy remains noncompensable.

The Veteran withdrew his appeal, leaving no issues for the Board to consider.

The Veteran's claims for earlier effective dates for a 40 percent evaluation for right and left lower extremity sciatic nerve paralysis with radiculopathy, neuropathy, and loss of balance are denied. The Board found no basis to award an earlier effective date than December 3, 2017.