Radiculopathy & sciatica decisions — 2024

The Board has remanded the Veteran's claims for service connection for hemorrhoids, degenerative disc disease of the lumbar spine, bilateral lower extremity radiculopathy, vertigo, and OSA due to lack of a current diagnosis in some cases or insufficient medical opinion.

The Veteran's GSS and right upper extremity radiculopathy are granted service connection, with an effective date of December 1, 2016.

The Veteran's service connection for left shoulder tendinitis is granted, and the initial disability ratings for cervical strain, left arm radiculopathy, and slight left knee instability are also granted. The Veteran's request for an increased rating for left knee patellofemoral pain syndrome from March 29, 2020, is denied, but a separate initial disability rating of 10 percent for slight left knee instability is granted.

The Veteran's appeal is remanded for further examination and opinion regarding his claimed cervical spine disability, to include degenerative disc disease (DDD), and associated radiculopathy of the upper extremities. The current rating for headaches remains at 30 percent.

The Veteran's claims for service connection for various conditions, including bone and endocrine disorders, right and left dry eye syndrome, cervical spine DDD, foot osteoarthritis, lumbar spine arthritis, and right shoulder radiculopathy, have been denied. The Board found no evidence of a chronic disease or injury during service that could be linked to the current conditions.

The Board dismissed the appeal as to the issue of timeliness of a Notice of Disagreement because the Veteran's April 2, 2024 submission clarified his intent for the January 22, 2021 submission.

The Veteran's appeal is remanded to ensure post-service treatment records are associated with the claims file, as well as to obtain new examinations for his neck/cervical spine, right shoulder, left leg sciatica, right leg sciatica, and bilateral foot disabilities. The PACT Act does not require a TERA examination in this case.

The Veteran's claims for ratings in excess of 20 percent for service-connected left and right lower extremity radiculopathy (sciatic nerve) have been denied. The evidence does not support a finding of moderately severe incomplete paralysis, which would warrant a higher rating.

The Veteran's right lower extremity radiculopathy of the ilio-inguinal nerve and external cutaneous nerve are both denied as they do not meet the criteria for a compensable rating.,Right upper and left upper extremity radiculopathies remain unresolved due to duty-to-assist errors, and TDIU is also remanded.

The Veteran's death was attributed to myocardial infarction and cardiac insufficiency. The VA examiner opined that the service-connected conditions did not contribute substantially or materially to his death, but there is a need for an adequate medical opinion regarding the cause of death.

The Veteran's claim for a higher rating for his lumbar spine DJD is denied. He currently receives a 40 percent disability rating, effective November 7, 2023.,The Veteran's sciatic radiculopathy of the left and right lower extremities are each rated at 40 percent disabling, effective November 7, 2023.

An increased disability rating of 80 percent for the service-connected left lower extremity radiculopathy from September 21, 2014 to April 9, 2015 is granted.,An increased disability rating of 40 percent for the left lower extremity radiculopathy in excess of 40 percent from April 9, 2015 to March 26, 2021 is granted.

The Board has granted the appeal and found that the attorney is eligible for direct payment of attorney fees based on past-due benefits awarded in a May 2020 rating decision that granted service connection for lumbar spine disabilities, bilateral lower extremity radiculopathy, and a total disability rating based on individual unemployability (TDIU). The appeal was not about service connection at all.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, warranting a TDIU.

The appellant withdrew their appeal for service connection claims related to left lower extremity radiculopathy and intervertebral disk syndrome with degenerative arthritis of the lumbar spine.

The Veteran's appeal for an increased rating for a thoracolumbar spine disorder is dismissed. The appeals for increased ratings for right shoulder, right lower extremity radiculopathy of the sciatic nerve (right), and left lower extremity radiculopathy of the sciatic nerve are denied. A 10% rating is granted for an appendectomy scar.

The Veteran's service-connected disabilities do not render him unable to obtain and sustain substantially gainful employment, as he has reported working as an independent insurance agent.

The Board has granted service connection for right and left lower extremity lumbar radiculopathy as secondary to the Veteran's service-connected lumbar strain. The Veteran is also entitled to a temporary total evaluation due to treatment of his service-connected conditions.

The Board has granted the Veteran's claims for service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, neurogenic bladder, and gastroesophageal reflux disease (GERD) as secondary to his service-connected low back disability.

The Veteran's claim for a TDIU due to his service-connected major depressive disorder has been granted, as the evidence shows that he is unable to secure or follow substantially gainful employment due to this condition.