Radiculopathy & sciatica decisions — 2023

The Veteran's ratings for his right knee, low back pain (claimed as degenerative arthritis), and radiculopathy in the bilateral lower extremities have been restored to their previous levels.

The Veteran's claims for earlier effective dates and increased evaluations are being remanded due to the need for additional development.,The Veteran is seeking higher ratings for his service-connected anxiety disorder, degenerative disc disease of the lumbar spine, radiculopathy (left leg sciatic), and left knee strain.

The Board has remanded the issues of service connection for hearing loss, left ankle collateral ligament sprain, left lower extremity sciatic nerve pain, left shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, myopia and retinal hole lattice degeneration (claimed as bilateral eye retina problems, thinning, and vision decrease), right ankle lateral collateral ligament sprain, right knee strain, right lower extremity sciatic nerve pain, right shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, a severe stomach and colon condition, fibromyalgia, steatohepatitis, vertigo and balance issues, and flat feet; and entitlement to increased evaluations for lumbosacral strain, GERD, left knee strain, restrictive lung disease, allergic rhinitis, PB, a skin rash, and tension headaches. The Veteran was also remanded for VA examinations to assess the current severity of his service-connected adjustment disorder with mixed anxiety and depressed mood and tinnitus.

The Board denied an effective date prior to December 27, 2011 for the grant of service connection for radiculopathy of the left and right lower extremities.

The Veteran's claims for increased ratings for his service-connected right and left leg radiculopathy, as well as the related issues of special monthly compensation based on loss of use of bilateral lower extremities, specially adapted housing, and automobile conveyance, are being remanded due to the need for additional examinations and consideration of newly received evidence.

The Board has granted service connection for right upper extremity radiculopathy and thoracolumbar spondylosis with right lower extremity radiculopathy, finding that these conditions are related to the Veteran's service-connected degenerative arthritis of the cervical spine stemming from a booby trap incident during his active service. The Board also found that the Veteran has other disabilities on his right side, including shoulder and hip pain, which may be related to his service or service-connected conditions.

The Veteran's claim for service connection for degenerative arthritis and spinal stenosis, lumbosacral spine, with left lower extremity radiculopathy was denied as the evidence did not support a finding that these conditions began during service or were related to an in-service injury.,The Veteran's claim for service connection for his right ankle disability was remanded due to insufficient development.

The appellant withdrew his appeals for left leg and right leg radiculopathy, which were dismissed as a result.

The Veteran's claim for a higher rating for left lower extremity sciatic radiculopathy was denied. The reduction of the right lower extremity rating from 20 percent to 10 percent, effective June 28, 2018, was also denied and the original 20 percent rating is restored.

The Board has remanded the claims for service connection due to incomplete development and lack of VA medical opinions. The Veteran's lumbar spine disorder, bilateral lower extremity radiculopathy, and right shoulder disorder are still under review.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection due to inadequate compliance with previous remand instructions.

The Veteran's service-connected disabilities, including anxiety disorder and bilateral foot disabilities, have rendered him unable to obtain or maintain substantially gainful employment since March 17, 2022. The Board has granted a TDIU rating for this period.

The Veteran's claims for service connection for various conditions, including coronary artery disease (CAD), right and left upper extremity diabetic peripheral neuropathy (PN), bilateral lower extremity femoral nerve PN, and bilateral lower extremity sciatic, tibial, and popliteal nerves PN have been denied. The effective dates for these claims are not granted.,The Veteran's claim for SMC based on the need for aid and attendance has also been denied.

The Board has restored service connection for various peripheral neuropathy and vascular conditions of the upper and lower extremities, finding that the original decisions were clearly erroneous.

The Veteran's cervical spine disability is denied as it does not meet the criteria for a higher evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are each granted with evaluations of 40 percent and 30 percent, respectively.

The Veteran's left upper extremity radiculopathy was granted service connection secondary to his cervical spine disability, effective February 2, 1996.

The Veteran's appeal for increased ratings for migraines, left and right upper extremity radiculopathy was denied. The Veteran is not entitled to an evaluation in excess of 30 percent disabling from January 10, 2022, for migraines. Initial evaluations of 30 percent and no more, for left and right upper extremity radiculopathy were granted.

The Board has determined that the Veteran does not have a current diagnosis of a respiratory disability other than service-connected allergic rhinitis. The claims for hysterectomy, hysterectomy scar(s), and radiculopathy are remanded due to insufficient evidence.

The Board has remanded the claims for an acquired psychiatric disorder, left knee condition, right leg condition, and various radiculopathy conditions due to a failure of the duty to assist in providing adequate VA examinations.,The Veteran's service connection claim for bilateral hearing loss is denied as there is no objective medical evidence demonstrating hearing loss.

The Veteran withdrew his appeal for the issue of entitlement to an increased rating in excess of 20 percent for radiculopathy, left lower extremity, sciatic nerve.