Radiculopathy & sciatica decisions — 2023

The Board has granted service connection for a back condition, including lumbar spinal stenosis and arthritis, as well as right lower extremity radiculopathy. Service connection is denied for left lower extremity radiculopathy.,Service connection was established based on the Veteran's credible statements regarding his in-service injuries and ongoing symptoms.

The Veteran's service-connected disabilities, including right lower extremity knee and sciatic nerve radiculopathy, together with organic diseases such as coronary artery disease, sinusitis, and hypertension, result in the loss of use of one lower extremity and affect balance and propulsion. The Board grants entitlement to specially adapted housing but dismisses the claim for a special home adaptation grant.

The Veteran's cervical spine disability and radiculopathy of the upper extremities have been granted service connection as they are found to be related to his military service.,Service connection has also been established for radiculopathy of both the left and right upper extremities, which is considered secondary to his service-connected cervical spine disability.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, leading to a grant of special monthly compensation (SMC) based on aid and attendance.

The Board has granted the Veteran's claims for service connection of left and right lower extremity sciatica (claimed as radiculopathy), finding that these conditions are related to his service-connected compression fractures L1, L2, and L3.

The Veteran's migraine headaches are rated at 50 percent effective from October 31, 2016. The left lower extremity radiculopathy of the sciatic nerve is rated at 40 percent effective from October 31, 2016 and a separate rating of 20 percent for the left lower extremity radiculopathy of the femoral nerve is granted from July 30, 2019.

The Veteran's back disability and radiculopathy of the left lower extremity (LLE) have been rated as 10%, 20%, and 40% disabling, respectively, from December 12, 2016 to January 21, 2020; January 22, 2020 to May 31, 2022; and June 1, 2022, respectively. The Veteran's radiculopathy of the right lower extremity (RLE) has been rated as 20% disabling since January 22, 2020.,The Veteran is not entitled to a higher rating for her back disability or radiculopathy of the left and right lower extremities from June 1, 2022 onwards.

The Veteran's claim for bilateral pes planus was reopened and granted.,The Veteran's claim for bilateral hearing loss was reopened and granted.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) for the period from February 27, 2015 to November 26, 2018 due to lack of evidence showing he was unable to obtain and maintain substantially gainful employment solely due to his service-connected disabilities.

The Board has remanded the claims for an initial rating in excess of 20 percent for right and left lower extremity radiculopathy due to conflicting findings in the VA examiner's report.

The Board has granted an initial rating of 40 percent for right lower extremity radiculopathy (sciatic nerve), finding that the Veteran's symptoms, including numbness and tripping, more nearly approximate moderately severe incomplete paralysis.

The Veteran's application to reopen the previously denied claim of service connection for a left knee disability is granted. The Board also addressed other claims and remanded them for further examination and opinion.

The Board denied the Veteran's claims for service connection for residuals of a back injury, left leg radiculopathy and/or peripheral neuropathy, and right leg radiculopathy and/or peripheral neuropathy due to failure to report for necessary VA examinations.

The Veteran's claim for a disability rating in excess of 40 percent for his lumbar spine condition and TDIU prior to February 10, 2017 was denied. The Board found that the evidence did not support an increase in disability warranting a higher rating or entitlement to TDIU.

The Board has remanded the cases for further development due to issues related to lumbar spine disability, lower extremity radiculopathy, and TDIU. The Veteran's service-connected disabilities are being evaluated again, with a focus on addressing potential ameliorating effects of medication.

The Board has remanded the claims for a new VA examination to assess the severity of the Veteran's service-connected back disability and associated lower extremity radiculopathy, as well as her right ankle disability. The evaluations for the lower extremity radiculopathies must be adjudicated for the entire appeal period.

The Veteran's claim for a higher rating for his service-connected low back disability was denied. The Board found that the evidence did not support a finding of ankylosis or other severe functional impairment, and thus, he did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection and increased ratings are remanded due to inadequate pre-decisional duty to assist errors in the March 2020 VA opinions.

The Veteran's initial compensable rating for bilateral hearing loss since February 20, 2014, was denied. The issue of an increased initial rating for lumbar spine disorder and associated radiculopathy issues is remanded.

The Veteran's service-connected left ankle and right heel disabilities are found to have caused or contributed to his lumbar spine disabilities. His right hip disability is also found to be related to his active-duty service.