Radiculopathy & sciatica decisions — 2023

The Board has dismissed the appeals for service connection of thoracic spine degenerative joint disease, bilateral hearing loss disability, and headaches due to the appellant's withdrawal of his appeal.

The Veteran's former attorney, A.N., is owed some money for representing him. However, the amount of $13,236.56 awarded in past-due benefits is contested by the Veteran as unreasonable. The Board has decided to remand this issue due to a lack of presumed reasonableness given that A.N. was not represented until after the November 2019 decision.

The Veteran's service-connected disabilities, including lumbar disability, unspecified depressive disorder with anxious features, and various radiculopathies of the upper and lower extremities, as well as cervical spine disability, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on this finding.

The Veteran's appeals for higher initial evaluations of her DDD of the cervical spine, LUE radiculopathy, RUE radiculopathy, and nephrolithiasis are all considered. The Board has not fully addressed the issues related to service connection for tremors (LUE and RUE), as no NOD was submitted.

The Veteran's claim for SMC based on aid and attendance is remanded due to the need for additional development, including obtaining outstanding treatment records and a VA medical opinion regarding his need for regular aid and attendance.

The Veteran's claim for service connection for spondylolisthesis of the lumbar spine with bilateral lumbar radiculopathy is granted. The issue of service connection for a bilateral foot disability is remanded.

The Veteran's claim for earlier effective dates for cervical strain, left upper extremity radiculopathy, right upper extremity radiculopathy, lumbosacral strain with degenerative arthritis and IVDS, left lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (femoral nerve) was denied. The effective dates for these conditions were not earlier than January 30, 2013.,The Veteran's claim for higher ratings for cervical strain with degenerative arthritis and IVDS, left upper extremity radiculopathy, right upper extremity radiculopathy, lumbosacral strain with degenerative arthritis and IVDS, left lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (femoral nerve) was also denied.

The Veteran's right lower extremity radiculopathy associated with lumbar spinal stenosis is now rated at a 60 percent disability rating, effective from November 23, 2021.,Prior to April 14, 2011, the Veteran was granted TDIU based on his service-connected disabilities.

The Board has remanded the cases due to inadequate examination and failure to consider additional functional loss during flare-ups or with repeated use. The Veteran's low back disability may have ankylosis, which requires further evaluation.

The Veteran's claims for onychomycosis with onychoptosis and right lower extremity radiculopathy have been denied as the evidence does not support a finding of service connection.,For the period prior to July 21, 2020, the Veteran's claim for an initial rating in excess of 10 percent for lumbar spine degenerative disc disease has also been denied.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to May 28, 2015.

The Board has determined that the Veteran's PTSD, lumbar spine disability, right and left lower extremity radiculopathy, and TBI claims require additional development due to worsening symptoms since the last examinations.

The Board has granted service connection for a thoracolumbar spine disability (DDD) and radiculopathy of the left lower extremity as secondary to the Veteran's service-connected left hip disability.

The Veteran's claim for a rating in excess of 40 percent for her back disability is denied. Her claims for separate ratings for RLE and LLE radiculopathy are granted from March 2, 2007 to January 7, 2015, but not thereafter. The Veteran's claim for TDIU based solely on her service-connected back disability is granted.

The Veteran's appeals for hearing loss and skin condition (claimed as jungle rot) were dismissed due to his withdrawal of these claims.,Service connection was granted for cervical-spine disorder with associated left-upper-extremity radiculopathy, lumbar-spine disorder with associated right and left-lower-extremity radiculopathy, and right-knee disorder, all secondary to service-connected bilateral pes planus and hallux valgus.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's service-connected intervertebral disc syndrome, degenerative arthritis, bilateral sciatic nerve radiculopathy, and ankle disability have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that new and relevant evidence has been received to readjudicate the claims of service connection for various lower back, knee, ankle, and radiculopathy disabilities. The claims are being remanded due to pre-decisional duty-to-assist errors regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy has been dismissed as the appeal is not about service connection at all, but rather an ongoing evaluation.

The Veteran's ratings for left and right lower extremity radiculopathy were reduced from 40% to 20%, effective April 1, 2020. The Board granted restoration of the 40% rating.