Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims due to deficiencies in the development of evidence and need for additional examination.

The Board has ordered remand for additional examinations to assess the severity of the Veteran's service-connected degenerative disc disease L5-S1 with history of herniated disc, status post-surgery and his bilateral lower extremity radiculopathy. The current VA examination reports are inadequate.

The Veteran withdrew his appeals for all issues related to service connection and rating claims, including voiding dysfunction, allergic rhinitis, external hemorrhoids, nephrolithiasis, thoracolumbar spine disability, left hamstring disability, right hamstring disability, right shoulder disability, sinusitis, left lower extremity sciatica, and right lower extremity sciatica. The appeals were dismissed due to the Veteran's withdrawal.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to possible aggravation by his service-connected temporomandibular joint (TMJ) syndrome, as well as secondary to either his service-connected back disability or his somatic symptom disorder.

The Veteran's claims for increased ratings for her cervical spine disability and bilateral upper extremity radiculopathy are being remanded due to the need for additional development, including obtaining retrospective findings from an appropriate clinician regarding the severity of her service-connected cervical spine disability.

The Veteran's claims for increased ratings for peripheral radiculopathy of the bilateral lower extremities and service connection for lumbar disability have been dismissed.,A 40 percent evaluation has been granted for the service-connected lumbar disability, effective from February 25, 2009.

The Board has remanded the cases due to the Veteran's failure to appear for VA examinations. The examinations are scheduled to be rescheduled and new evidence is needed to determine the etiology of his lumbar spine disability, sciatica of the lower extremities, and knee disabilities.

The Board has remanded the Veteran's claims for left lower extremity radiculopathy of the sciatic and femoral nerves due to additional evidence added to the record.

The Veteran's left lower extremity radiculopathy is granted an initial rating of 20 percent prior to April 22, 2022. The appeal for a higher rating is denied. The Veteran's right lower extremity radiculopathy is granted an initial rating of 20 percent.

The Veteran's claim for secondary service connection for bilateral lower extremity radiculopathy was reasonably raised during the pendency of a December 2014 claim, but entitlement did not arise until November 21, 2019. The Board denied an earlier effective date.

The Veteran's RLE sciatic nerve radiculopathy is caused by his service-connected back disability, and the Board has granted service connection for this condition.

The Veteran's back disability is rated at 40 percent prior to March 27, 2023 and 10 percent thereafter. The left lower extremity radiculopathy is rated at 20 percent effective January 17, 2015. The earlier effective date for the right lower extremity radiculopathy is granted from April 22, 2018. The rating for the right hip disability remains denied.

The Veteran's right lower extremity radicular symptoms have been moderately severe throughout the appeal period, and he is granted a disability evaluation of 40 percent. The left lower extremity radicular symptoms have also been throughout the appeal period but do not meet the criteria for a higher evaluation.

The Board has granted a TDIU from August 23, 2016. However, the matter of entitlement to a TDIU prior to that date is remanded for further development.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected low back disability. The issue of entitlement to a TDIU prior to December 18, 2019, is remanded.

The Veteran's TDIU rating is granted from March 16, 2010.,VA has also granted DEA benefits effective from March 16, 2010.

The Veteran's right lower extremity radiculopathy affecting the common peroneal and superficial peroneal nerves, femoral nerve, and cutaneous nerve has been granted service connection with an effective date of December 5, 2017.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including a left shoulder disability and multiple sclerosis. The claims are being returned to the RO for additional development.

The Board has restored the Veteran's SMC benefits from March 13, 2017 due to improper severance.

The Veteran's claims for higher ratings of various service-connected disabilities are being remanded due to the need for additional examinations and consideration.