Radiculopathy & sciatica decisions — 2023

The Board denied service connection for a back disability and sciatica, finding that the appellant's reports of symptoms were not credible due to his contemporaneous denials at separation and the objectively normal medical examination.

The Veteran's radiculopathy of the right lower extremity is granted a 40 percent rating, but no higher. The Veteran's radiculopathy of the left lower extremity remains at a 10 percent rating.

The Board has determined that the Veteran's lumbosacral strain, lumbar degenerative disc disease, and left lower extremity radiculopathy are related to his service due to a fall in service. As such, the claim for these conditions is granted.

The Veteran's service-connected radiculopathy of the right lower extremity is granted an initial 20 percent rating throughout the appeal period.

The Veteran's service-connected lumbosacral spine degenerative disc disease with bilateral radiculopathy results in loss of use of both lower extremities, and the Board has granted SMC for this condition. The Veteran also meets criteria for financial assistance for automobile or other conveyance and adaptive equipment.

The Veteran's lumbar spine strain and left lower extremity radiculopathy have been granted increased ratings, while the allergic rhinitis remains at a 10 percent rating throughout the claim period.

The Board has granted the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. The disabilities are found to be related to his service-connected schizophrenia.

The Veteran's disability ratings for his service-connected lumbar spine condition and bilateral lower extremity radiculopathy were restored to their previous levels, effective October 1, 2018.

The Board has remanded the Veteran's claims for a higher rating for his low back disability, a separate rating for left lower extremity radiculopathy, and TDIU due to unemployability. The issues are inextricably intertwined.

The Veteran's low back condition, bilateral lower extremity radiculopathy, and kidney disability are all service-connected. The Board granted a 40 percent rating for the low back condition prior to December 21, 2022, and a 100 percent rating for loss of use of both feet from February 2, 2021, to December 21, 2022. The Veteran's kidney disability is rated at 60 percent or more.

The Veteran's claims for service connection for bilateral upper and lower extremity radiculopathy, as well as his TDIU claim, have been denied. His psychiatric disorder claim has also been remanded.

The Veteran's bilateral hearing loss was initially rated at 0 percent and increased to 40 percent effective September 30, 2020. The initial rating for left lower extremity radiculopathy prior to November 17, 2020, is granted at 20 percent; the initial rating for right lower extremity radiculopathy prior to that date remains denied.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected lumbosacral strain and whether he has sciatica as a result of this condition.

The Veteran's reduction from a 40 percent to a 20 percent rating for spondylolisthesis of the lumbar spine was improper and has been restored.,An effective date of July 13, 2015, is granted for service connection of left lower extremity radiculopathy. Effective dates prior to August 11, 2015, are denied for bilateral patellofemoral pain syndrome and tinnitus.,The Veteran's initial rating for left lower extremity radiculopathy remains at 20 percent.,Initial ratings greater than 20 percent for left lower extremity radiculopathy, right knee patellofemoral pain syndrome, and tinnitus are denied.

The Board has remanded the claims for increased ratings for various service-connected conditions due to inadequate evaluations.

The Veteran's radiculopathy of the left lower extremity has been rated at 60 percent since January 23, 2017. The Board remanded for further analysis regarding service connection and compensation for a below-knee amputation of the left leg.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was granted, with a 40 percent disability rating effective May 8, 2023. The current rating is based on the findings from the VA examination in May 2023.

The Veteran withdrew his appeals for all issues related to lumbar spine degenerative arthritis and strain, as well as femoral nerve radiculopathy, sciatic nerve radiculopathy, obturator nerve radiculopathy, external cutaneous nerve of the thigh radiculopathy, and ilio-inguinal nerve radiculopathy.

The Board denied the Veteran's claims for earlier effective dates for service connection of various disabilities, including right and left ankle degenerative joint disease, elbow degenerative joint disease, shoulder degenerative joint disease, lower extremity radiculopathy, lumbar spine degenerative joint disease, cervical spine degenerative changes, upper extremity radiculopathy, and bilateral calcaneal spurs. The effective dates for these disabilities were set at February 6, 2017.

The Veteran's radiculopathy, sciatic nerve in both legs is granted with a 40% rating.