Radiculopathy & sciatica decisions — 2023

The Board has determined that additional examinations are needed to assess the current severity of the Veteran's service-connected conditions and to determine if there is a relationship between his chronic kidney disease and his service-connected neurocardiogenic syncope or hypertension.

The Veteran's claims for service connection for herniated lumbar disc, radiculopathy, sciatic nerve, right lower extremity, and radiculopathy, sciatic nerve, left lower extremity were granted with effective dates of November 9, 2006.,An effective date of November 9, 2006, was granted for the grant of service connection for herniated lumbar disc. Effective dates of November 9, 2006, were also granted for the grants of service connection for radiculopathy, sciatic nerve, right lower extremity and left lower extremity.

The Board has dismissed the Veteran's claims for service connection for various conditions, including right and left elbow disabilities, diabetes mellitus, voiding dysfunction, an upper arm abscess, low back disability, right-sided sciatica, and left-sided sciatica. The only condition granted was dementia.

The Board has remanded the Veteran's claims for service connection for lumbar spine disability and left lower extremity radiculopathy due to incomplete evidence, including a lack of VA treatment records since January 2020. The Board also requested updated non-VA employment physical examination records from Los Angeles Fire Department (LAFD). A supplemental opinion is needed based on consideration of the Veteran's lay statements and post-service treatment.

The Board dismissed the Veteran's appeals for higher initial ratings for lumbar spinal stenosis and radiculopathy of both lower extremities. The Veteran was granted separate initial 40 percent ratings for each leg.

The Board has determined that additional development is needed for the issues of increased evaluations for cervical spine disability and radiculopathy. The Veteran will need to undergo new medical examinations, including an orthopedic examination, to determine the current severity of his service-connected conditions.

The Veteran's service-connected degenerative disc disease and arthritis, thoracolumbar spine was granted effective March 23, 2012.,An initial disability rating of 20 percent for the service-connected degenerative disc disease and arthritis, thoracolumbar spine was granted effective October 15, 2019.,The Veteran's service-connected radiculopathy, right lower extremity was granted effective March 23, 2012.,An initial disability rating of 10 percent for the service-connected radiculopathy, left lower extremity was granted effective October 15, 2019.

The Veteran's claims have been remanded due to the need for further evaluation and evidence, including service connection for various conditions secondary to existing disabilities.

The Board denied service connection for lumbar radiculopathy, finding that the evidence did not support a diagnosis of this condition.,The Board also remanded the issue of an initial rating in excess of 10 percent for degenerative disc disease and lumbosacral strain due to conflicting findings from previous examinations.

The Veteran's claim for a higher rating for cervical spine disability is remanded.,The Veteran's claims for an earlier effective date for the lumbar spine and radiculopathy disabilities are denied as no factual ascertainable increase in severity occurred within one year prior to her January 29, 2016 claim.,The Veteran's claim for a total disability rating due to unemployability is granted.

The Board has granted service connection for the Veteran's diagnosed degenerative arthritis of the lumbar spine, finding that there is credible and competent evidence of continuity of symptomatology since service.

The Board granted service connection for the Veteran's lumbar spine disorder with right lower extremity radiculopathy, finding that her injury occurred during active duty and was caused by an in-service event.

The Veteran's claim for a higher rating for IVDS was denied, but he received a 40 percent rating for LLE sciatic radiculopathy. He also received a TDIU on a schedular basis.

The Veteran's service-connected disabilities, including sleep apnea, intervertebral disc syndrome (IVDS), right lower extremity radiculopathy, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board granted the TDIU claim for the period from February 13, 2018, to October 17, 2018.

The Veteran's service-connected conditions, including bilateral lower extremity dysfunction involving the sciatic nerve and femoral nerve, have resulted in a loss of use of both lower extremities such as to preclude locomotion without regular and constant use of assistive devices. As a result, eligibility for specially adapted housing is granted.

The Veteran's right and left lower extremity radiculopathies are granted as service connected.,The Veteran's bilateral hearing loss is denied, but a noncompensable rating is assigned for the disability.,The Veteran's left knee disability remains in need of further examination to determine its current severity.

The Veteran's bilateral upper extremity radiculopathy is granted as secondary to his service-connected cervical spine disability. The issues of service connection for bladder infection, right-sided chest pain, and corneal abrasion are remanded.

The Veteran's appeals for various conditions and ratings have been dismissed due to his withdrawal of the appeal.

The Veteran's right knee condition, bilateral pes planus, tinnitus, and low back condition with radiculopathy have been granted service connection.,Service connection for hearing loss is remanded.

The Board has determined that additional examinations and medical opinions are needed to determine the current severity of the Veteran's service-connected conditions, as well as whether his sleep apnea is related to toxic exposure risk activities (TERAs) during service. The claims for higher evaluations and service connection are being remanded.