Radiculopathy & sciatica decisions — 2023

The Board has granted service connection for sinusitis and remanded the issues of service connection for residuals of smallpox and gastroesophageal disorder (GERD).

The Veteran's back disability and right lower extremity radiculopathy were granted a 40% rating, effective December 16, 2021. The left lower extremity radiculopathy was denied throughout the appeal period.

The Veteran's appeals for increased evaluations and service connection were dismissed due to the withdrawal of these issues by his attorney during a hearing.

The Veteran was gainfully employed until June 30, 2014. The Board denied the claim for TDIU prior to July 1, 2014 as there were no service-connected disabilities that prevented the Veteran from obtaining and maintaining substantially gainful employment.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, the maximum rating available under Diagnostic Code 8520. The Board found that his symptoms do not more nearly approximate moderately severe incomplete paralysis of the sciatic nerve.

The Board has remanded the claims of service connection for a bilateral knee disability, lumbar spine disability, and bilateral lower extremity neurologic disability due to inadequate opinions in the previous VA examinations.

The Board denied increased ratings for right and left lower extremity sciatic nerve radiculopathy from August 27, 2014, to January 10, 2018.,The Board also denied increased ratings for right and left lower extremity femoral nerve radiculopathy from January 10, 2018.

The Veteran withdrew his appeal, specifically the issues of earlier effective dates for service connection for right and left lower extremity radiculopathy and intervertebral disc syndrome.

The Veteran's appeals for increased ratings greater than 20 percent for service-connected right and left lower extremity lumbar sensory radiculopathy, prior to January 20, 2021, have been denied.,Both the Board and the Court found that the evidence did not support a finding of moderately severe incomplete paralysis or any other level of disability warranting a higher rating.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and etiology opinions.

The Veteran's service-connected disabilities have prevented her from obtaining and maintaining substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's service-connected radiculopathy of the sciatic and femoral nerves of the right lower extremity is granted with a 20 percent rating effective June 30, 2008.

The Veteran is seeking an earlier effective date for the award of service connection for various disabilities. The Board has determined that additional development is needed to determine if VA followed proper procedures in scheduling his examinations, which could affect the assigned effective dates.

The Board has decided to remand the Veteran's claims for further evaluation due to the elapse of over eight years since his last VA examination and the need for additional medical records.

The Board has remanded the cases for further development and proceedings due to issues related to service connection, TDIU, and exposure. The effective date of any award will be determined based on the evidence provided.

The Board has decided to remand the claims for further development and consideration due to new evidence being added to the record.

The Board has ordered a remand for additional development and medical opinions regarding the Veteran's low back (tailbone) injury with bilateral sciatica, as the previous VA examiner did not address the Veteran's lay reports of injury and self-treatment.

The Board has denied a rating in excess of 40 percent for lumbosacral strain with mild disc protrusion from August 28, 2014 to December 16, 2019. The claims for increased ratings for left and right lower extremity radiculopathy are remanded.

The Board has remanded the Veteran's claims for increased ratings for patellofemoral pain syndrome of both knees, lumbar disc herniation, radiculopathy of the upper extremities, and insomnia. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's service-connected disabilities, including his lumbar spine and peripheral nerve conditions, require the regular aid and attendance of another person due to their effects on his ability to perform daily functions.