Radiculopathy & sciatica decisions — 2024

The Board denied the Veteran's claims for increased ratings for chronic lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence did not support a higher rating for any of these conditions.

The Veteran's service connection for an acquired psychiatric disorder is granted. The Board also grants a separate disability rating of 10 percent, but no higher, for limitation of extension of the left knee and a separate disability rating of 20 percent, but no higher, for left knee instability.

The Veteran's service-connected disabilities, including his lumbar spine and radiculopathy conditions, right knee disability, unspecified depressive disorder, sciatic nerve radiculopathies, femoral nerve radiculopathies, and tension-migraine headaches have rendered him unable to secure or follow a substantially gainful occupation since June 5, 2019.

The Veteran's claims for an increased rating for radiculopathy of the left upper extremity and for an earlier effective date for TDIU are being remanded due to a duty to assist error in obtaining EMG results.

The Veteran's initial rating for disc disruption is granted at 20 percent, and a higher rating of over 20 percent is denied. Effective dates prior to October 11, 2020, are denied for bilateral femoral nerve radiculopathy.

The Veteran's claims for increased ratings were denied, and the case was remanded with respect to a TDIU issue. The low back disability is rated at 10 percent, right lower extremity radiculopathy at 10 percent, and left lower extremity radiculopathy receives a separate 10 percent rating.

The Board has granted service connection for left arm radiculopathy, right arm radiculopathy, left leg radiculopathy, and right leg radiculopathy. The Board also found that the Veteran's right shoulder disability is at least as likely as not related to his in-service service.

The Veteran's claims for increased ratings for his lumbar spine condition, left lower extremity femoral radiculopathy, and right lower extremity femoral radiculopathy have been dismissed. The Veteran is granted an initial 20 percent disability rating for his right lower extremity femoral radiculopathy.

The Board has granted service connection for the Veteran's bilateral foot, hip, knee, and lower extremity radiculopathy disabilities, as well as his low back disability. These conditions are deemed to have originated during active duty.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance on and after February 18, 2020.

The Veteran's lumbar spine and sciatic nerve conditions are remanded for further evaluation due to insufficient evidence in the February 2021 VA examination.

The Board has determined that the Veteran's service-connected disabilities render him in need of aid and attendance, warranting special monthly compensation based on this need.

The Veteran's claims for service connection have been granted, but the Board finds that additional evidence is needed to determine if new and relevant evidence has been submitted. The VA received a supplemental claim from the Veteran in December 2019, which included his low back, jaw, and Achilles tendon claims.,The Veteran's low back, jaw, and Achilles tendon claims are remanded due to the lack of VA examinations addressing the nature and etiology of these conditions.

The Veteran's appeal for a higher rating for PTSD with major depressive disorder and radiculopathy, right lower extremity was denied. The Veteran's PTSD symptoms were rated at 50 percent, but his radiculopathy was granted a 40 percent rating.

The Board has remanded the Veteran's claims for service connection for right foot condition, left foot condition, sciatica, and back condition due to incomplete records.

The Veteran's claim for earlier effective date of May 31, 2019 for the award of service connection for bilateral lower and upper extremity neuropathy is granted. The Board finds that the earliest allowed by VA regulations is the proper effective date.

Effective dates of May 20, 2019, have been granted for the service connection of generalized anxiety disorder, degenerative arthritis of both knees and the thoracolumbar spine, and bilateral lower extremity radiculopathy.

The appeal to reduce the disability rating for right lower extremity radiculopathy, sciatic nerve from 10 percent to noncompensable is dismissed as it was only a proposed action that was not implemented.

The Veteran's back brace, used to treat his service-connected lumbar sprain with spondylolisthesis and radiculopathy of the bilateral lower extremities, causes wear and tear on his clothing. The Board granted an annual clothing allowance for a back brace in 2020.

The Veteran's claim for service connection for sinusitis is denied, and his initial ratings for right and left lower extremity radiculopathy are denied. The evidence does not support a current diagnosis of sinusitis.