Radiculopathy & sciatica decisions — 2023

The March 21, 1997 decision reducing the Veteran's rating from 10% to noncompensable was revised due to a clear and unmistakable error. The 10% rating for myofascial pain of the right shoulder girdle muscles with radiculopathy to the neck is restored.

The Veteran's right lower extremity radiculopathy is granted a rating of 30 percent, effective from the date of the August 2020 decision. The Veteran also receives a TDIU due to service-connected disabilities.

The Board denied the Veteran's claims for earlier effective dates for service connection of PTSD, TDIU, and DEA benefits. The appeal was dismissed for an earlier effective date claim regarding SMC benefits prior to February 28, 2018.

The Veteran's claims for effective dates earlier than January 30, 2019 for service connection of bilateral lower extremity radiculopathy were denied.,The Veteran's claims for disability ratings in excess of 20 percent prior to February 21, 2019 for left lower extremity radiculopathy and in excess of 10 percent prior to February 21, 2019 for right lower extremity radiculopathy were denied.

The Veteran's appeals for earlier effective dates for service connection and increased ratings have been dismissed as the Veteran withdrew her appeals.

The Board has granted service connection for lumbar spine degenerative disc disease and secondary service connection for right lower extremity radiculopathy, both related to the Veteran's in-service back strain. The kidney cancer leading to nephrectomy is not considered service-connected.

The Veteran's RLE radiculopathy and DDD with spinal stenosis were granted increased ratings, effective March 28, 2020.

The Board dismissed the claim for service connection for right upper extremity radiculopathy due to a withdrawal by the Veteran's representative. The case was remanded for further action on the claim of service connection for erectile dysfunction (ED).

The Veteran's increased rating for a neck disability is granted effective May 9, 2016. The grants of service connection for left knee and right upper extremity radiculopathy are denied prior to the dates indicated. Tinnitus and bilateral hearing loss are rated as they currently stand.

The Veteran's lumbar spine disability is granted as service-connected. The right and left lower extremity radiculopathy are also granted as secondary to the service-connected lumbar spine disability.,Service connection for cervical spine disability, diabetes, or painful scars of the upper extremities is not warranted.

The Board denied the Veteran's claims of service connection for a back disability and bilateral leg sciatica, finding that there was no evidence linking these conditions to his military service.

Entitlement to a rating of 40 percent for lumbar degenerative joint disease and spinal stenosis from January 31, 2012, to October 25, 2021, is granted.,Entitlement to a separate initial disability rating of 20 percent, but no higher, for left lower extremity neuropathy of the femoral nerve since January 31, 2012, is granted.,Entitlement to total disability rating based upon individual unemployability (TDIU) from January 31, 2012, to October 25, 2021, is granted.

The Veteran's claim for an earlier effective date for HIV-related illness is denied.,The Veteran's claim for an earlier effective date for lumbar herniated disc and lumbar arthritis is denied.,The Veteran's claim for an earlier effective date for radiculopathy of the left lower extremity is denied.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and thus denied his claim for a total disability rating based on individual unemployability.

The Board has decided to remand the claims for left and right lower extremity radiculopathy, as well as the claim for a total disability rating based upon individual unemployability (TDIU). The remand is due to the need for additional development regarding the nature and severity of the Veteran's bilateral lumbar radiculopathy.

The Board has remanded the case for a new VA examination to determine if the Veteran is in need of aid and attendance due to his service-connected disabilities, including PTSD. The examiner should consider the Veteran's wife's statement regarding her assistance with daily activities and whether his PTSD requires regular care or assistance.

The Veteran's depression condition is granted a 70 percent rating from September 21, 2007 to October 5, 2016. Ratings for his lumbar condition, right and left lower extremity radiculopathy are all granted at 40 percent throughout the appeal period.

The appeal to restore service connection for radiculopathy of the left lower extremity is granted. The restoration of a 10% disability rating for the low back disability with radiculopathy of the right lower extremity as of December 1, 2015, is also granted. Other issues are remanded.

The Veteran's claim for a restoration of the 40% rating for intervertebral disc syndrome (IVDS) effective June 21, 2017 is granted.,The Veteran seeks an earlier effective date for the grant of service connection for degenerative disc disease of the lower back. The Board finds that the criteria are met and grants this claim.,The Veteran also seeks an earlier effective date for the grant of service connection for left lower extremity radiculopathy. The Board finds that the criteria are met and grants this claim.,The Veteran further seeks an earlier effective date for the grant of service connection for right lower extremity radiculopathy. The Board finds that the criteria are met and grants this claim.

The Board has determined that the VA examinations for cervical spine disorder, thoracolumbar spine disorder, and bilateral knee disorders are inadequate. The Veteran must be afforded new examinations to determine if his current conditions are related to service.