Radiculopathy & sciatica decisions — 2023

The Board has remanded the cases due to duty-to-assist errors in prior examinations, and a new examination is required for each issue.

The Board has determined that the Veteran's left lower extremity radiculopathy of the femoral nerve improved to the point where he is now better able to function under ordinary conditions, and thus reduced his rating from 20% to 0%. The appeal was not about service connection but rather a reduction in disability rating.

The Veteran's lumbar spine, cervical spine, right hip, and left hip disabilities have been granted initial ratings from October 26, 2006 to the present. The Veteran also received increased ratings for her radiculopathy of various nerves in both upper and lower extremities.

The Veteran's service-connected disabilities prior to July 14, 2011, precluded him from securing and following substantially gainful employment.

The Veteran's lumbar spine disability and left lower extremity radiculopathy were granted initial ratings of 40 percent, effective from different dates. The lumbar spine disability was granted prior to April 1, 2018, while the radiculopathy was granted beginning on January 12, 2017.

The Veteran's VA disability compensation benefits were restored for 35 days and reimbursed $1,764.00 due to improper withholding of benefits in FY 2012 and 2013.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed disabilities and exposure. The Veteran is required to undergo VA examinations to determine if his current conditions are related to his alleged chemical exposures during service.

The Veteran's initial evaluations for left and right lower extremity radiculopathy prior to March 16, 2011 were denied as the evidence did not meet the criteria for higher ratings.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.

The Board has granted service connection for a cervical spine condition, a lumbar spine disorder, a left knee disorder, and left lower extremity radiculopathy.,After considering all the evidence of record, including the Veteran's testimony and medical opinions, the Board found that there is an approximate balance or near equivalence of the evidence to support the Veteran's claims for these conditions.

The Board has granted a TDIU from June 15, 2018, based on the Veteran's service-connected disabilities precluding him from obtaining or maintaining substantially gainful employment.

The Board has remanded the claims due to uncertainty regarding whether the Veteran's radicular symptoms are associated with sciatic or femoral nerve impairment. The case is sent back for a medical opinion.

The Board has dismissed the appellant's appeals for earlier effective dates and increased ratings for radiculopathy of the lower extremities.

The Veteran's claim for increased rating of other specified trauma- and stressor-related disorder was denied as the increase in disability did not occur within one year prior to September 20, 2016.,The Veteran's claim for increased rating of migraine headaches was denied as the increase in disability did not occur within one year prior to September 20, 2016.,The Veteran's claim for increased rating of left ankle lateral collateral ligament sprain was denied as the increase in disability did not occur within one year prior to September 27, 2019.,The Veteran's claim for increased rating of left knee strain was denied as the increase in disability did not occur within one year prior to November 5, 2020.,The Veteran's claim for increased rating of right knee strain was denied as the increase in disability did not occur within one year prior to November 5, 2020.,The Veteran's claim for increased rating of cervical strain with intervertebral disc syndrome (IVDS) was denied as the increase in disability did not occur within one year prior to September 27, 2019.,The Veteran's claim for increased rating of right upper extremity radiculopathy was denied as the increase in disability did not occur within one year prior to September 27, 2019.,The Veteran's claim for increased rating of left upper extremity radiculopathy of the left upper extremity was denied as the increase in disability did not occur within one year prior to November 21, 2019.

The Board has granted initial ratings of 60 percent for left and right lower extremity radiculopathy, but denied a rating in excess of 40 percent for postoperative residuals of lumbar spine degenerative disc disease.

The Veteran's right lower extremity radiculopathy and TDIU were granted. The appellant is eligible to receive attorney fees based on the past-due benefits awarded in September 2018.

The Board has determined that there was a procedural error in the docketing of the Veteran's appeal and has ordered the issues on appeal to be remanded for readjudication.

The Board has denied the Veteran's claims for service connection for low back disability, bilateral lower extremity radiculopathy, and bilateral leg/knee pain. The evidence does not establish a nexus between these conditions and his military service.

The Veteran's claim for multiple myeloma was denied as the condition is asymptomatic.,Claims for bilateral hearing loss, right knee degenerative arthritis, left knee patellofemoral syndrome, and cervical spine disorder based on CUE were also denied.

The Veteran's claims for service connection for degenerative arthritis and DDD of the lumbar spine, right lower extremity radiculopathy, and a right hip condition are all granted. The case is remanded for further examination to determine the nature and etiology of the right hip condition.