Radiculopathy & sciatica decisions — 2024

The Veteran's claim for an increased disability rating for left lower extremity radiculopathy, sciatic nerve was received on October 2, 2018. The effective date of the 20% disability rating is set to October 2, 2018.

The Board has determined that the VA examination and opinion provided were inadequate for rating purposes, as they did not consider prior in-service medical treatment and did not describe the disabilities in sufficient detail. The Board also found pre-decisional duty to assist errors regarding obtaining private treatment records and an adequate examination.

The Veteran's spine disability and left lower extremity radiculopathy were evaluated at a 10 percent rating, which is the maximum schedular evaluation available for these conditions.

The Veteran's bilateral lower extremity radiculopathy was rated at 10 percent from April 9, 2003, to August 16, 2016. The Board denied entitlement to higher ratings for these conditions.

The Veteran's claims for increased ratings and effective dates are remanded due to conflicting evidence regarding the nature and severity of his service-connected lower extremity nerve disabilities. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claims.

The Veteran withdrew his claims for service connection for right and left lower extremity radiculopathy associated with thoracolumbar degenerative arthritis and thoracic kyphosis.

The Board has remanded the claims for service connection due to insufficient medical opinions and potential duty-to-assist errors. The Veteran's back disability is being reviewed, along with his bilateral lower extremity radiculopathy.

The Veteran's claims for service connection for left and right knee conditions, left and right hip conditions, as well as a low back disability have been dismissed. Service connection has been granted for peripheral neuropathy of the bilateral lower extremities due to Agent Orange exposure.

The Board has decided to remand the claims for cervical spine disability and right upper extremity radiculopathy due to errors in duty to assist, including failing to address whether the Veteran's conditions are related to her service-connected lumbosacral strain. The VA will need to obtain additional medical opinions on these issues.

The Veteran's lumbar spine disability resulted in the functional equivalent of forward flexion of the thoracolumbar spine to 30 degrees or less, necessitating further examination and development for lower extremity radiculopathy.

The Board has decided to remand the Veteran's claim for a low back disability, including neurological impairments such as radiculopathy, due to inadequate examination and opinion. The case will be reviewed again with an appropriate medical evaluation.

The Board has dismissed the appeal for a higher rating for PTSD with major depressive disorder. The appeals for service connection of restless leg syndrome, right lower extremity sciatica, and left lower extremity sciatica are remanded due to pre-decisional duty to assist errors.

The Veteran's claims for increased ratings were denied as the combined disability rating exceeded the maximum allowable under the amputation rule. The GERD claim was also denied.

The Veteran's claims for separate ratings for sciatic and femoral nerve radiculopathy, TDIU benefits, DEA benefits, and service connection for a back scar have been granted effective January 9, 2015.

The Board has granted earlier effective dates for service connection of radiculopathy of the left and right upper extremities, but this appeal is dismissed as no additional benefit can be gained.

The Board has granted service connection for left and right lower extremity radiculopathy, finding that the Veteran's symptoms began during his military service.

The appeal of the proposal to reduce the rating for radiculopathy of the femoral nerve of the right lower extremity from 30 percent to 20 percent is dismissed. The Veteran's appeal of the disability rating in excess of 10 percent for recurrent right elbow strain is remanded.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and thoracic spondylosis residual of compression fracture of the 12th thoracic vertebra (T12) are remanded due to incomplete examinations.

The Veteran's claims for increased ratings for intervertebral disc syndrome, bilateral lower extremity radiculopathy, and headaches have been dismissed as the issues were previously decided in a May 2024 Board decision.

The Veteran's appeal is being remanded due to the need for a VA examination to determine his eligibility for specially adapted housing and special home adaptation grant based on his service-connected disabilities. The claims are also remanded to determine if his pansinusitis constitutes an inhalation injury.