Radiculopathy & sciatica decisions — 2023

The Board denied the Veteran's claims for earlier effective dates for service connection of various knee, hip, and nerve conditions. The reduction in rating for right knee osteoarthritis from 20% to 10% was also found improper.

The Veteran's claims for increased ratings for right lower extremity radiculopathy, left lower extremity radiculopathy, and a lumbar spine disability are being remanded due to the need for additional VA examinations to assess the severity of his disabilities throughout the period on appeal.

The Veteran's appeal for service connection for right cervical radiculopathy (claimed as right arm pain) has been dismissed because the appellant withdrew her appeal.

The Veteran's claims for increased ratings for his lumbar spine condition and associated radiculopathies are remanded due to the need for additional medical examination.

The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, effective September 6, 2013. The Board has granted an earlier effective date of March 9, 2007 for the grant of service connection for this condition.

The Board has remanded the cases for additional examinations and to obtain VA treatment records. The Veteran's radiculopathy and shin splint disabilities are currently rated as 20 percent and no disability rating, respectively.

The Board has remanded the case due to the Veteran's failure to appear for VA examinations and because of incomplete records from private facilities. The case will be returned after compliance with appellate procedures.

The Veteran's service-connected disabilities, including cervical spine disability, left and right upper extremity radiculopathy, duodenal ulcers, bilateral hallux valgus and stress fractures of the feet, rendered him unable to secure and follow a substantially gainful occupation.

The Board has remanded the claims due to new evidence being submitted and a request for a waiver of initial AOJ consideration. The issues are now pending for readjudication.

The Board denied service connection for a back disability, finding no evidence of an in-service injury or disease that caused the current disabilities. The claim was also denied for an initial rating on the left ankle sprain.

The Board has remanded the Veteran's claims for higher ratings for various lower back and knee disabilities due to incomplete records and a need for clarification regarding his employment status prior to January 28, 2020.

The Board has decided to remand the Veteran's claim for a right upper extremity radiculopathy disorder, as it requires further examination and analysis.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher, prior to December 21, 2022. From December 21, 2022, the rating remains at 40 percent for his right lower extremity radiculopathy and 40 percent for his left lower extremity radiculopathy. The Veteran's urinary incontinence is rated at 10 percent from March 14, 2022.

The Board has remanded several claims for increased ratings, including those for low back disability, right and left lower extremity radiculopathy, left elbow disability, GERD, allergic rhinitis, and TDIU. The Veteran is also required to provide authorization for VA to obtain private treatment records from a facility in Panama Beach, Florida.

The Board has remanded the issue of whether the Veteran is entitled to a TDIU rating prior to April 18, 2018, based on his August 19, 2014 claim for increased ratings.

The Veteran's claims for increased ratings and initial ratings were denied. The Board found that the Veteran's low back disability did not meet criteria for an increased rating higher than 40 percent, while his right and left lower extremity radiculopathy conditions were rated appropriately.

The Veteran's MDD was granted a 50% evaluation for the period prior to February 17, 2022. For the period from February 17, 2022, his MDD is rated at 70%. The evaluations for right and left leg sciatic nerve radiculopathy remain at 10%.

The Veteran's hypertension is granted as service-connected due to herbicide exposure under the PACT Act. Service connection for sinusitis and radiculopathy to the lower left extremity are denied.

The Veteran's left and right upper extremity radiculopathy are granted as secondary to his service-connected cervical spine degenerative arthritis.,The Veteran's traumatic brain injury with migraine headaches is granted, supported by in-service diagnosis and continuity of symptoms since service.

The Board has granted service connection for low back disability, right shoulder rotator cuff tear with degenerative joint disease, left shoulder rotator cuff tear with degenerative joint disease, sciatica of the left lower extremity, and sciatica of the right lower extremity. The conditions are considered to be directly related to the Veteran's military service.