Radiculopathy & sciatica decisions — 2023

The Board has remanded the claims for a lumbar spine disability, right and left lower extremity radiculopathy due to procedural issues and need for additional development.

The Board has remanded the Veteran's claims for service connection due to new and material evidence, as well as for her back and right hip disabilities. The TDIU claim is also being remanded.

The Board has remanded the claims for service connection due to outstanding records from the D.C. National Guard and a need for new opinions regarding the nature and etiology of the Veteran's claimed conditions.

The Veteran's lumbar spine DJD and sciatic radiculopathy were denied increased ratings.

The Veteran's appeal for service connection for bilateral pes planus, chronic fatigue syndrome, and earlier effective dates for right knee arthritis and lumbosacral strain has been dismissed.,Service connection for allergic rhinitis is granted. The radiculopathy of the left and right lower extremities are also granted as secondary to her service-connected lumbosacral strain.

The Veteran's right lower extremity radiculopathy is not productive of moderately severe incomplete paralysis, and therefore, he does not meet the criteria for an initial evaluation in excess of 20 percent.

The Veteran's claim for service connection for hypertension was granted. The Board found that the most probative evidence showed that the Veteran's hypertension had its onset during his military service and is related to his service-connected cervical spine disability. The issue of service connection for right shoulder radiculopathy as secondary to service-connected cervical spine disability was remanded due to inadequate medical opinions.

The Veteran's diabetes mellitus, type II and bilateral peripheral neuropathy, lower extremities sciatic nerve are granted prior to August 10, 2022. The diabetes mellitus is presumed due to herbicide exposure in Thailand, while the peripheral neuropathy is related to his service-connected diabetes.

The Board has dismissed the Veteran's claims for effective dates prior to July 18, 2018, for service connection of left and right lower extremity radiculopathy and lumbosacral strain superimposed on degenerative joint and disc disease. The Veteran's claims for increased ratings for PTSD and TDIU are remanded.

The Board has remanded the Veteran's claims for service connection for radiculopathy of the left upper and lower extremities due to a lack of adequate medical opinions and outstanding VA treatment records.

The Veteran's claim for an initial rating in excess of 70 percent for PTSD is denied.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for service connection for bilateral hearing loss is denied.,The Veteran's claims for effective dates earlier than February 26, 2018 for the grant of service connection for PTSD, IBS, a back disability, radiculopathy (sciatic) of the left lower extremity (LLE), and tinnitus are all denied.,The Veteran's claim for TDIU is remanded.

The Veteran's low back and tailbone disability, as well as his right lower extremity radiculopathy secondary to the low back disability, are granted. The Veteran is also awarded a separate 10 percent rating for right knee instability.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to the Veteran's withdrawal of these claims.

The Board has denied the Veteran's claims for service connection for radiculopathy of the right upper, left upper, right lower, and left lower extremities as there is no current diagnosis of such conditions during the appeal period.

The Veteran is granted a disability rating of 40 percent for radiculopathy of the lower left extremity, effective December 1, 2019. The evidence shows that the Veteran's incomplete paralysis was at least moderately severe.

The Veteran's claims for effective dates earlier than December 3, 2020 for the award of service connection for radiculopathy of the lower extremities are being remanded due to errors in VA's pre-decisional duty to assist.

The Veteran's bilateral foot condition is not related to his active service.,There is no evidence of a current bilateral lower extremity neurological condition, and the Veteran does not have radiculopathy or neuropathy.

The reduction in the Veteran's disability evaluation for right knee meniscal tear was improper, and a restoration of a 20 percent rating is granted effective December 10, 2019. The issues related to MDD, lumbar strain, left lower extremity radiculopathy, left knee meniscal tear, right knee meniscal tear, and bilateral metatarsalgia are remanded for further review.

The Board has remanded the claims for a disability rating in excess of 10 percent, from December 26, 2007, to July 17, 2013, for lumbosacral strain with degenerative disc disease; for a rating in excess of 40 percent, from July 18, 2013, for lumbosacral strain with degenerative disc disease; for a rating in excess of 10 percent, from July 18, 2013, to January 6, 2021, for radiculopathy of the right lower extremity; and for a rating in excess of 20 percent, as of January 7, 2021, for radiculopathy of the right lower extremity.

The Veteran's appeal for an earlier effective date for radiculopathy of the left lower extremity and a higher rating for low back disability is denied.,Service connection for carpal tunnel syndrome of the left hand and right hand, as well as a compensable disability rating for bilateral hearing loss are also denied.