Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU eligibility. The Board finds some evidence suggesting that his disabilities may have rendered him unable to obtain and follow substantially gainful employment, but further development is needed before a decision can be made.

The Board has determined that the severance of service connection for back and neck disabilities was improper, as well as the severance of service connection for bilateral upper and lower extremity radiculopathy. The appeal is granted.

The Board has granted service connection for lumbar strain as secondary to hallux valgus, but has remanded the issue of bilateral radiculopathy secondary to lumbar strain.

The Board has restored a 20 percent rating for the Veteran's left lower extremity radiculopathy, finding that the reduction in rating was improper due to lack of compliance with regulatory provisions.

The Board has granted service connection for right upper extremity radiculopathy, left upper extremity radiculopathy, and a neck disability as secondary to the Veteran's service-connected neck disability. Service connection for a right shoulder disability is also granted.

The Veteran's service-connected disabilities, including back pain, Parkinsonism, and depression, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's claim for a higher disability rating for left lower extremity radiculopathy is being remanded due to the need to obtain additional VA treatment records from a chiropractor.

The Veteran's claims for increased ratings for Degenerative Disc Disease (DDD), left lower extremity radiculopathy, and right lower extremity radiculopathy are being remanded due to inadequate examination reports that did not consider flare-ups.

The Board has remanded the claims for bilateral lower extremity radiculopathy due to a failure to address whether the Veteran's subjective symptoms caused functional impairment of earning capacity. The AOJ is instructed to obtain an addendum opinion on remand.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, which has been granted.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding whether his back condition, radiculopathy, and other conditions are related to his military service. The VA is required to obtain a new opinion from an examiner that considers the Veteran's reports of in-service symptoms and aligns them with how the current disabilities typically develop.

The Veteran's appeals for higher ratings on multiple service-connected conditions have been denied. The Board found that the current evaluations adequately reflect the severity of his disabilities.

The Veteran's appeal was dismissed due to their death, and no further action can be taken on the claims.

The Board denied the Veteran's appeals for reductions in ratings from 10% to 0% for service-connected peripheral neuropathy of the femoral nerve on both sides, finding that there was actual improvement and an ability to function under ordinary conditions.

The appeal regarding the issues of entitlement to service connection for major depressive disorder or insomnia, sleep apnea, and increased ratings for post-operative residuals spinal fusion/IVDS, right lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy (femoral nerve), painful scar, status post laminectomy, scars, status post laminectomy and spinal fusion surgeries, and maxillary sinusitis has been dismissed as the Veteran's attorney withdrew his appeal in June 2024.,The appeal regarding entitlement to service connection for headaches was rendered moot by the AOJ's award of service connection for headaches in February 2024.

The Board has determined that the severance of service connection for right upper extremity radiculopathy of the upper radicular group and right lower extremity radiculopathy of the sciatic nerve was improper, and restored service connection is warranted.

The Veteran's claims for earlier effective dates for service connection are denied as no formal or informal claim was received prior to June 23, 2020.

The Veteran withdrew their appeal for increased ratings for PTSD and right lower extremity radiculopathy, as well as a claim for TDIU part and parcel to the PTSD claim before the Board could make a decision.

The Board has remanded the claims for left knee disability, right knee disability, congestive heart failure and cardiomyopathy, urinary condition, and bilateral hearing loss. The appeals of the compensable rating for left knee scar and service connection for urinary condition have been dismissed.

The Veteran's appeal was denied for TDIU prior to October 7, 2019. Service connection for prostate cancer was not established due to lack of evidence linking the condition to service. The Veteran's lumbar spine disability and left lower extremity sciatica were both rated at 20 percent, but no higher.