Radiculopathy & sciatica decisions — 2023

The Veteran's claims for an increased rating for a lumbar disability and service connection for bilateral lower extremity radiculopathy are remanded due to the need for further development, including VA examinations.

The Veteran's service-connected disabilities require regular aid and attendance of another person due to functional limitations, but additional compensation under SMC(r)(1) or SMC(r)(2) is precluded as he does not meet the threshold requirement for consideration.

The Veteran's lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee strain with degenerative arthritis and residuals from meniscectomy, left knee strain post patellar realignment, and GERD with IBS have been granted initial 20 percent ratings effective since the date of service discharge.

The Board has remanded the Veteran's claims for increased ratings for his right knee, left knee, lumbar spine, and lower extremity radiculopathy disabilities due to inadequate examinations in previous VA evaluations.

The Board has ordered a remand for the Veteran to be examined by an orthopedic specialist, specifically one who specializes in the spine. The examination should assess whether his low back disorders are related to service or due to his right knee disability.

The Board has determined that the Veteran's diabetes mellitus, lower back pain disability, left and right lower extremity pain disabilities are not related to service. The Board has ordered new VA examinations for these conditions.

The Veteran's right upper extremity and left upper extremity disabilities were not found to be related to service.,Diabetic nephropathy was not shown to have been incurred in service or due to a service-connected disability.

The Veteran was previously employed but resigned due to service-connected disabilities, including back pain and ureteral stricture.,From January 1, 2017, onward, the combination of his service-connected disabilities rendered him unable to secure or maintain substantially gainful employment.

The Veteran's claims for increased ratings for cervical strain with DDD, right upper extremity radiculopathy, and left upper extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board has granted a TDIU on an extraschedular basis from January 2018.

The Veteran's appeal is being remanded to address her claim for service connection of a disability manifested by nerve damage to the abdominal area.

The Board has dismissed the claims of service connection for a right foot and psychiatric disabilities due to their grant in prior rating decisions. The remaining issues - neck, right upper extremity radiculopathy, headache, and right knee disabilities - are remanded for further development.

The Veteran's appeal is being remanded due to issues related to his cervical spine disability and PTSD. The Board will seek additional medical opinions to address the proximate cause of these conditions, as well as their aggravation by other service-connected disabilities.

The Board has remanded the Veteran's claims for thoracolumbar spine disability, pelvic disability, and right lower extremity radiculopathy due to procedural errors in prior decisions.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to June 16, 2014, and in excess of 40 percent thereafter for degenerative disc disease (DDD) with lumbosacral strain, to include intervertebral disc syndrome (IVDS), as well as his claim for a separate compensable rating for bilateral lower extremity radiculopathy of the sciatic nerve. The Veteran's entitlement to a TDIU has also been raised and is being remanded.

The Board has granted service connection for a lower back disability and sciatica of the left leg, finding that the evidence is in equipoise as to whether these conditions had their onset during service. The Veteran's current sciatica of the left leg is also found to be secondary to his now-service-connected lower back disability.

The Veteran's service-connected disabilities did not require hospital treatment at a VA medical facility for more than 21 days during the period from August 2, 2016 to September 9, 2016. Therefore, his claim for a temporary total evaluation based on VA hospitalization is denied.

The Board has remanded the claims for increased ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy due to issues with the interpretation of additional loss of motion during flare-ups and failure to address arguments regarding sleep impairment.

The Veteran's emergency room treatment on August 4, 2014 for low back and sciatic pain was deemed necessary due to the severity of his symptoms. The VA facility was not feasibly available at that time, leading to a decision in favor of payment.

The Board has granted a 50 percent evaluation for sinusitis from July 16, 2014. The case is remanded for further examination and rating of the Veteran's radiculopathy.