Radiculopathy & sciatica decisions — 2024

The Board has remanded the Veteran's claims for additional development due to inconsistencies in medical evidence and need for clarification regarding the severity of his spinal conditions.

The Board has remanded the case due to inadequate medical opinions and further development is required.

The Board denied the Veteran's claim for a TDIU due to one service-connected disability, finding that he was not rendered unemployable based on only one of his service-connected disabilities. The decision is binding only with respect to this specific matter and does not establish VA policies or interpretations of general applicability.

The Veteran's lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy are each rated at 50 percent since July 9, 2018. The appeal is granted for these ratings.

The Veteran's claim for a 20 percent rating for radiculopathy of the left and right lower extremities affecting femoral nerves was granted, effective October 15, 2018.

The Board denied attorney fees based on past-due benefits awarded in an August 2022 rating decision, as the August 2022 rating decision was the initial decision with respect to all granted issues.

The Veteran's claims for left upper extremity radiculopathy, right upper extremity radiculopathy, and bilateral lower extremity femoral radiculopathy are denied as there is no evidence of a claim filed prior to November 23, 2021.,The Veteran's claims for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy are granted with an effective date of September 22, 2017.

The Veteran's right lower extremity radiculopathy (sciatic nerve) was granted service connection secondary to his service-connected degenerative arthritis of the spine with degenerative disc disease. The effective date for this grant is November 27, 2017.

The Veteran's service-connected disabilities, including persistent depressive disorder with anxious distress, lumbar spine degenerative arthritis, sciatic radiculopathy of the bilateral lower extremities, chronic left ankle sprain, left knee strain, tinnitus, and left hand eczema with resolved cellulitis, do not preclude him from securing or following a substantially gainful occupation.

The Veteran's claim for an effective date of July 31, 2012, for service connection of middle and index trigger finger/stenosing tenosynovitis of the right hand is granted. The claims for increased ratings for left lower extremity radiculopathy and right lower extremity radiculopathy are dismissed without prejudice.

The Veteran's claim for an acquired psychiatric disability, including PTSD, was denied. The rating for left lower extremity radiculopathy prior to September 1, 2022, was denied, but from that date forward, a 20% rating was granted. Service connection for sinusitis is remanded.

The Board has denied the Veteran's claims for increased ratings for left lower extremity radiculopathy and right lower extremity radiculopathy, but has remanded his claim for a higher rating for lumbosacral degenerative arthritis and degenerative disc disease with thoracic back strain (lumbar spine disability).

The Veteran's claim for a higher initial evaluation of his lumbar scarring was granted with an effective date of May 3, 2019. The claims for evaluations of his lower extremity radiculopathies and intervertebral disc syndrome are remanded.

The Veteran's appeals to reduce the disability ratings for lumbar degenerative disc disease with intervertebral disc syndrome, supraventricular arrhythmia (heart condition), and right lower extremity radiculopathy, sciatic nerve were dismissed because the proposed reductions had not been finalized in a final VA decision.

The Veteran's claims for increased ratings for back disability and right lower extremity radiculopathy were granted effective December 20, 2022. The appellant is not eligible to direct payment of attorney fees based on the past-due benefits awarded in the April 2023 rating decision.

The Veteran's bilateral lower extremity radiculopathy has been granted an initial rating of 20 percent, but no higher. The PFB issue is also granted with a compensable rating.

The Board dismissed the appeals regarding proposed reductions in disability ratings for right upper extremity radiculopathy and left knee limitation of extension post unicompartmental knee arthroplasty, as these were only proposed actions that did not result in a final decision.

The Veteran withdrew his appeals for service connection of major depressive disorder, bilateral upper and lower extremity radiculopathy, right shoulder strain, anxiety disorder; and an increased rating for migraines. The appeal is dismissed.

The Veteran's radiculopathy of the right lower extremity involving the femoral nerve is currently rated at 20 percent, and a higher rating is denied.,The Veteran's radiculopathy of the right lower extremity involving the common peroneal nerve is currently rated at 20 percent effective December 29, 2021, and a higher rating is denied.

The Board has remanded the cases for additional development to obtain updated VA treatment records and any relevant private treatment records. The Veteran must provide authorization for these records.