Radiculopathy & sciatica decisions — 2023

The Board has denied service connection for bilateral hip pain, back condition, sciatica of the bilateral lower extremity, and left foot condition. The evidence does not support a finding that these conditions are related to service or any other compensable factor.

The Veteran's claim for a higher rating for degenerative arthritis of the spine with lumbar strain and thoracolumbar scoliosis was granted effective February 14, 2018.,Service connection for left lower extremity radiculopathy was denied as not having arisen prior to April 12, 2018.

The Veteran's claims for service connection have been granted, and the effective dates are not specified.,Issues related to rating increases and earlier effective dates remain pending.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine, claimed as chronic neck pain is granted. The claims for right and left upper extremity radiculopathy are remanded.

The Veteran's claims for increased ratings for his service-connected bilateral lower extremity radiculopathies are being remanded due to the need for a contemporaneous VA examination.

The Board has remanded the claims for service connection for low back disability and right lower extremity radiculopathy due to insufficient evidence regarding qualifying periods of service. The Veteran needs to provide medical opinions on the nature, cause, and aggravation of these disabilities.

The Veteran's claims for increased ratings and earlier effective dates for left lower extremity sciatic and femoral nerve radiculopathies have been granted.,An earlier effective date of April 29, 2013, has also been granted for total disability based on individual unemployability (TDIU).

The Veteran's claims for asthma, hypothyroidism, bilateral tinnitus, bilateral hearing loss, hypertension, migraine headaches, back disability, left knee strain, right knee strain, right knee recurrent subluxation, left knee recurrent subluxation, and right lower extremity radiculopathy were denied as the earliest effective date is December 19, 2016.,The Veteran's claims for asthma, hypothyroidism, bilateral tinnitus, bilateral hearing loss, hypertension, migraine headaches, back disability, left knee strain, right knee strain, right knee recurrent subluxation, left knee recurrent subluxation, and right lower extremity radiculopathy were denied as the earliest effective date is December 19, 2016.

The Veteran's OSA is granted secondary to his service-connected PTSD. The Veteran's radiculopathy of the RLE associated with thoracolumbar strain is granted a 10 percent rating throughout the appeal period.

The Veteran's retroactive VA compensation payment for the period of October 1, 2010 to February 28, 2013 was calculated correctly based on his combined evaluation for compensation. The appeal is denied as additional retroactive compensation is not warranted.

The Board has remanded three issues: service connection for back disability, sciatica of the right lower extremity, and sciatica of the left lower extremity. The decision is inextricably intertwined with the claim for service connection for back disability.

The Veteran's service-connected disabilities, including back pain and radiculopathy in both legs as well as ankle pain, have rendered him unable to secure or maintain substantially gainful employment since July 14, 2015.

The Veteran's claims for increased ratings for lumbosacral strain and left lower extremity radiculopathy were denied due to failure to report for VA examinations.,Service connection for PTSD was denied as the Veteran did not provide a diagnosis of PTSD under DSM criteria.

The Veteran's service-connected disabilities, including coronary artery disease and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU for the period prior to February18, 2022.

The Veteran seeks an earlier effective date for his service connection awards of right upper extremity muscle weakness, left upper extremity muscle weakness, right lower extremity peripheral neuropathy and radiculopathy, and left lower extremity peripheral neuropathy and radiculopathy. The Board finds that the earliest possible effective dates are March 23, 2017.,The Veteran did not submit a formal or informal claim prior to March 23, 2017, for any of these disabilities.

The Board denied service connection for radiculopathy of the right lower extremity, left hip disability, and right hip disability due to a lack of current diagnoses and functional impact.

The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for low back strain with degenerative arthritis and sciatic nerve radiculopathy, left lower extremity. Additionally, a TDIU claim is also being remanded due to the need for further examination.

The Board has ordered a new VA neurological examination to determine the presence and nature of any right lower extremity sciatic nerve disabilities, as well as whether the Veteran's 'right foot dragging' represents an aggravation of his RLE sciatic nerve disability or is proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance on the part of VA in furnishing the surgical treatment.

The Veteran's service connection for tinnitus was granted. The issues of increased ratings for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are remanded.

The Veteran's claims for service connection were denied. The Board found no new and material evidence to reopen the asthma claim, and denied service connection for anxiety disorder, right foot disability, and right ankle disability due to lack of in-service injury or diagnosis. Service connection was also denied for a back disability as there is no evidence of unfavorable ankylosis or incapacitating episodes. The Veteran's radiculopathy of the right lower extremity from June 14, 2018, received a separate rating.