Radiculopathy & sciatica decisions — 2023

The Board has remanded the claims for service connection due to incomplete records, particularly those from basic training and Fort Sill.

The Board has remanded the Veteran's claims for higher ratings for lumbosacral strain, right and left lower extremity radiculopathy due to insufficient medical opinions regarding the severity of his conditions prior to November 19, 2018 and from November 19, 2018 onwards.

The Veteran's bilateral lower extremity peripheral neuropathy affecting the sciatic and femoral nerves has been granted increased ratings of 40 percent for the left lower extremity and 30 percent for the right lower extremity, both effective from September 20, 2017.

The Board has decided to remand the Veteran's claims for initial ratings in excess of 30 and 40 percent for right and left upper extremity radiculopathy due to inadequate December 2020 VA opinion, failure to provide reasons or bases explaining subjective terms of degree, and lack of VA treatment records from July 2013 to present. The AOJ is instructed to obtain updated VA treatment records and notify the Veteran if they are unavailable.

The Veteran's service-connected left shoulder disability and associated conditions do not preclude him from securing or following a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further development. The current ratings for his lumbar spine conditions are denied, while he is granted a separate rating for right lumbar radiculopathy.

The Veteran's appeal for service connection for plantar fasciitis has been withdrawn. The remaining issues of service connection for sciatic nerve disability, right hand ligament strain, left hand ligament strain, loss of sense of smell, and loss of sense of taste are being remanded.

The Board has remanded the cases due to inadequate VA examinations and a need for further medical opinions regarding the Veteran's claimed conditions.

The Veteran's acquired psychiatric disorder is restored to a 30 percent rating effective October 31, 2016. Effective dates for increased ratings for other conditions are denied.

The Board denied service connection for a bilateral lower extremity neurological disorder, finding that the appellant's symptoms did not result from injury incurred or aggravated during her period of active duty training.

The Board has granted service connection for a neck disability (cervical spine) and a low back disability (lumbar spine), finding that the evidence is approximately evenly balanced as to whether these disabilities began during active military service.

The Veteran's right lower extremity diabetic sciatic neuropathy is currently rated at 10 percent, and the Board has remanded to determine if a higher rating is warranted.,An effective date prior to July 30, 2018, for special monthly compensation based on housebound criteria remains pending.

The Veteran's radiculopathy, left and right lower extremities, was granted a 20% disability rating prior to December 1, 2022. From December 1, 2022, the Veteran's conditions were denied any increase in disability ratings.

The Board has granted earlier effective dates for the awards of service connection for sciatica of the bilateral lower extremities and GERD. The issues of initial increased ratings for sciatica of the bilateral lower extremities and a TDIU are being remanded.,The claim for service connection for bilateral hearing loss is pending, with a need to obtain personnel records and determine active duty periods.

The Board has remanded the claims for service connection for right and left upper extremity radiculopathy, as they may be related to a low back disability. The Veteran's symptoms are alleged to have started during or shortly after service.

The Board has remanded the cases for additional development due to a request for a Decision Review Office (DRO) hearing.

The Veteran's lumbosacral strain is rated at 40 percent, and the Board denied an increased evaluation in excess of 40 percent.,Right lower extremity radiculopathy was granted a 40 percent rating effective from June 19, 2018. Prior to that date, it was not compensable.

All appeals for service connection and increased evaluations have been dismissed due to the Veteran's withdrawal of all issues.,An effective date of January 26, 2018, has been granted for a 50 percent disability evaluation for headaches.

The Veteran's lumbar spine degenerative disc disease and related conditions, as well as his left and right lower extremity sciatic radiculopathy and femoral radiculopathy, have been granted increased ratings. The effective dates for these decisions are August 4, 2011.

The Board has remanded the case for further development to ensure that due process is followed and a complete record is available. The Veteran's claims for increased ratings for lumbar strain, right lower extremity radiculopathy, and service connection for an acquired psychiatric disorder are also being remanded.