Radiculopathy & sciatica decisions — 2024

The Board has determined that the Veteran's claims for service connection for degeneration of lumbar intervertebral disc and bilateral radiculopathy lower extremity sciatic nerve require further development due to a duty-to-assist error in the initial examination.

The Veteran's appeal has been withdrawn, and all claims for increased ratings or entitlement to a total disability rating based on individual unemployability have been dismissed.

The Veteran's service-connected disabilities, including lumbar degenerative disc disease and bilateral pes planus, have not rendered him unable to obtain and maintain substantially gainful employment consistent with his education, training, and experience.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his lumbar spondylosis, left and right lower extremity radiculopathies, degenerative joint disease of the ankles, and claims for service connection for knee and hip disabilities. The remaining issues are not addressed in this decision.

The Board has denied the Veteran's claims for service connection for various conditions, including psychiatric disorders, sleep disorder, headaches, lumbar spine condition, sciatica, and sinus condition. The evidence did not establish an in-service occurrence or a nexus to service for these conditions.

The Veteran's initial rating for cervical spine strain was denied, with a 10% rating being granted.,Service connection for cervical radiculopathy in both upper extremities (RUE and LUE) due to service-connected cervical spine strain was granted.

The Veteran's appeal for service connection for residuals of transient ischemic attack and radiculopathy of the right and left lower extremities has been dismissed due to their death.

The Board dismissed the appeals for entitlement to a compensable rating for erectile dysfunction and ratings in excess of 10 percent for right and left lower extremity diabetic neuropathy (sciatic). Effective November 28, 2016, service connection was granted for these conditions secondary to prostate cancer.

Your appeals for service connection for lower extremity radiculopathy, right and left have been dismissed as your claim has now been fully granted with the assignment of separate 10 percent ratings effective August 15, 2008.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and therefore his claim for TDIU was denied.

The Veteran's left and right lower extremity varicose vein conditions are not service-connected.,The Veteran's GERD is remanded for further evaluation due to inadequate etiology opinion.,The Veteran's tinnitus is remanded for further evaluation due to inadequate nexus opinion.,The Veteran's sleep apnea is remanded for further evaluation due to inadequate secondary service connection etiology opinions.,The Veteran's low back condition is remanded for a VA examination.

The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome is granted a disability rating of 40 percent from January 17, 2017. The left lower extremity radiculopathy is also granted a disability rating.

The Board has remanded the claims for cervical radiculopathy, back condition (claimed as lumbago), and left elbow lateral epicondylitis due to a duty to assist error. The Veteran's reported pain during service and thereafter is considered in determining whether these conditions are related to service.

The Veteran has withdrawn all his appeals, including those for earlier effective dates and higher ratings.

The Board has remanded the Veteran's claims for increased disability ratings due to inadequate examinations and need for further development.

The Veteran's claim for an effective date prior to January 5, 2021, for service connection of right lower extremity radiculopathy was denied as there is no factually ascertainable evidence showing the condition existed before that date.

The Veteran's claims for service connection were denied. The Board found that the claimed conditions did not manifest in service or within one year of separation, and are not proximately due to, the result of, or aggravated by a service-connected disease or injury.,For accrued benefits purposes, the Veteran was not granted service connection for any of his claimed disabilities.

The Veteran's cervical spine degenerative arthritis is rated at 30 percent, effective from the date of the decision. The ratings for left and right upper extremity radiculopathy are denied prior to February 8, 2021, and for right lower extremity radiculopathy are denied after February 8, 2021.

The Veteran withdrew his appeals for increased ratings in three separate conditions: GERD, migraine headaches, and radiculopathy of the left lower extremity-sciatic. As a result, the appeal is dismissed.

The Veteran's initial rating for adjustment disorder was granted at 70 percent effective March 5, 2015. His TDIU claim was also granted effective May 19, 2014.