Radiculopathy & sciatica decisions — 2023

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including back disorder, left and right lower extremity radiculopathy, TDIU, and SMC. The reasons for remanding are to obtain additional medical evidence or a medical opinion, as well as to ensure compliance with directives.

The Veteran's appeal for service connection for radiculopathy of the left lower extremity was dismissed. The Veteran is granted TDIU effective October 23, 2018, but no earlier.

The Veteran's claims for service connection for a lumbar spine disability and sciatica of the left lower extremity, to include as secondary to a lumbar spine disability, are remanded due to insufficient evidence in the April 2005 rating decision. The Board requires an addendum opinion from an appropriate clinician regarding whether it is at least as likely as not that the Veteran's current disabilities began during active service or were noted during service with continuity of symptomatology.

The Veteran's ratings for right and left lower extremity radiculopathy were restored to 10 percent effective May 15, 2019. The appeal was granted in part.

The Veteran's bilateral lower extremity radiculopathy was denied increased ratings, with the exception of a 20 percent rating for both legs as of December 12, 2020.

The Board has denied the Veteran's claims for service connection for chronic shin splints, left and right, as well as his left and right shoulder conditions, headaches, cervical spine degenerative disc disease (neck condition), radiculopathy of the upper extremities, and lumbosacral strain with degenerative disc disease. The Board found that there was no evidence of a current disability or in-service injury related to these conditions.,The Veteran's service treatment records did not show any complaints or diagnoses related to shin splints, shoulder conditions, headaches, cervical spine issues, or upper extremity radiculopathy. Post-service VA treatment records also failed to provide such findings.

The Veteran's chronic sinusitis is granted under the PACT Act, and his degenerative joint disease, thoracolumbar spine rating is restored.,PTSD results in occupational and social impairment with deficiencies in most areas. His diabetes mellitus with erectile dysfunction requires restricted diet or insulin therapy from September 19, 2015, to July 7, 2017, and one daily injection of insulin thereafter.,The Veteran's radiculopathy, right lower extremity is granted an increased rating, but tinnitus remains at the maximum schedular evaluation.,PTSD results in occupational and social impairment with deficiencies in most areas. His diabetes mellitus with erectile dysfunction requires restricted diet or insulin therapy from September 19, 2015, to July 7, 2017, and one daily injection of insulin thereafter.

The Board has denied increased ratings for radiculopathy of the upper and lower extremities, as well as initial ratings for femoral neuropathy. The appeal is remanded due to new evidence regarding an acquired psychiatric disorder.

The Board has granted service connection for the Veteran's lumbosacral spine disability, to include lumbosacral strain, bulging discs and degenerative arthritis. The claim for secondary service connection for left lower extremity and right lower extremity radiculopathy as secondary to lumbar spine disability is remanded.

The Board has decided to remand the claims for service connection for lower back disorder, left lower extremity sciatica, and right ear hearing loss due to incomplete development of the record.

The Veteran's service-connected lower extremity peripheral neuropathy disabilities are rated based on the severity of their incomplete paralysis, and he is not entitled to higher ratings for any of these conditions.

The Board denied service connection for lumbar spine disorder, left hip disorder, right lower extremity disorder, and left lower extremity disorder. Service connection was granted for a headache disorder.

The Veteran's rating for radiculopathy of the LLE was reduced from 20 percent to 10 percent, but this reduction is void ab initio. The Board restored the 20 percent rating effective July 19, 2018. Additionally, the Veteran was granted entitlement to a TDIU due to their service-connected disabilities.

The Veteran's claim for a higher rating for his lumbar spine disability and right lower extremity radiculopathy was denied. The Veteran is currently rated at 10% for both conditions.

The Board denied service connection for lower back, left leg sciatica, left ankle, and left heel/foot conditions as there was no evidence of a current disability related to service.

The Veteran's TDIU and DEA benefits were denied as his service-connected disabilities did not render him unemployable prior to June 29, 2013.

The Veteran's migraine headaches, degenerative arthritis and IVDS, LLE and RLE sciatic nerve radiculopathy, and LLE and RLE femoral nerve radiculopathy are granted with specific ratings. The appeal for service connection of an acquired psychiatric disorder, left knee disorder, right knee disorder, left foot hallux valgus, and lumbar spine scar is dismissed.

The Board has remanded the Veteran's claims for increased ratings and effective dates due to inadequate VA examinations, failure to obtain relevant evidence, and inextricably intertwined issues.

The Veteran's onychomycosis was granted service connection as it is related to active service.,The Veteran's rhinitis and hemorrhoids were denied increased ratings as they do not meet the criteria for a higher rating.

The Board denied service connection for a low back disorder, claimed as lumbar spondylosis, herniated L5-S1, and chronic pain of the lumbosacral area. The claims for diabetes mellitus type II, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded.