Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection for diabetes mellitus type II with erectile dysfunction and bilateral lower extremity peripheral neuropathy associated with diabetes mellitus type II with erectile dysfunction are granted, effective May 31, 2019.,The Veteran's claims for a rating in excess of 20 percent for diabetes mellitus type II with erectile dysfunction and bilateral lower extremity peripheral neuropathy associated with diabetes mellitus type II with erectile dysfunction are remanded due to the need for additional development.

The Board has determined that the Veteran's back disorder, including degenerative arthritis of the spine with a compression fracture at T8-T9, lower extremity radiculopathy and DJD thoracic, is related to his military service. Service connection for this condition is granted.

The Veteran's compensation benefits were withheld for 26 training days in FY 2019. The AOJ needs to clarify the number of training days performed by the Veteran and verify all paid and unpaid ACDUTRA or INACDUTRA dates served during that year.

The Veteran's reduction in rating for thoracolumbar spine scoliosis from 20 percent to 10 percent was not proper, and the 20 percent rating is restored.,The Veteran's claim for increased ratings for right lower extremity radiculopathy, right knee osteoarthritis, and bilateral plantar fasciitis remains pending.

The Veteran's service-connected disabilities, including major depressive disorder and degenerative disc disease of the lumbar spine with radiculopathy, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has dismissed all issues of entitlement to increased disability ratings for various conditions, including right knee and upper extremity disabilities as well as bilateral hearing loss. The Veteran withdrew his appeals prior to the promulgation of a decision.

The Board has dismissed the appeals for service connection of left lower extremity femoral nerve radiculopathy, right lower extremity femoral nerve radiculopathy, and right foot calluses due to lack of error in fact or law. The Veteran's claims are remanded for further development regarding his right foot calluses.

The Veteran's cervical spine disability, left and right upper extremity radiculopathies are granted with a 40 percent evaluation effective July 22, 2016.

The Veteran's claim for service connection and rating of left lower extremity radiculopathy, as well as his SMC based on housebound criteria, were granted effective March 14, 2014. The Veteran is now rated at 10% for this condition.

The Board has decided to remand the claims for lumbar spine disability, RLE radiculopathy, and LLE radiculopathy due to duty-to-assist errors. Specifically, efforts should be made to obtain Reserve records related to the Veteran's treatment in San Diego.

The appeal is denied as the October 2020 rating decision that adjusted the effective date for the Veteran's increased disability rating was proper, and service connection for lumbosacral spine degenerative disc disease, status post discectomy and fusion remains valid.

The Veteran's initial claim for a respiratory disability, thoracolumbar DJD, and bilateral lower extremity radiculopathy has been granted. The Veteran is now entitled to a 10 percent rating for his restrictive lung disease, a 20 percent rating prior to September 5, 2020, and an initial 40 percent rating from November 24, 2015, to September 5, 2020, for his thoracolumbar DJD. He is also entitled to separate 10 percent ratings for right lower extremity radiculopathy prior to November 24, 2015, and an initial 40 percent rating from that date to September 5, 2020, and a greater than 40 percent rating thereafter. The Veteran is not entitled to higher ratings for his left lower extremity radiculopathy.

The Board denied the Veteran's claims for service connection of gout and evaluations for his right knee degenerative arthritis, lower left extremity radiculopathy, and right lower extremity radiculopathy. The decision found no evidence linking these conditions to active service.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to March 12, 2021. The Board has determined that the criteria for a TDIU from March 12, 2021 have been met.

The Veteran's left leg L3 radiculopathy has not resulted in moderately severe or severe incomplete paralysis during the appeal period, and therefore a rating in excess of 20 percent is denied.

The Board has restored service connection for left and right lower extremity radiculopathy, finding that the severance of these conditions from service connection was improper due to conflicting evidence regarding their onset.

The Board has granted service connection for the Veteran's low back disability, diagnosed as lumbosacral strain, spinal stenosis, and intervertebral disc syndrome. The Board also found that the Veteran's radiculopathy of the bilateral lower extremities is secondary to her service-connected low back disability.

The Veteran's appeal is remanded for obtaining private records and providing an addendum opinion regarding neck flareups.

The Veteran's claims for effective dates prior to May 15, 2017, and March 5, 2018, for service connection were denied as the submitted evidence did not relate to any disputed elements of his claims.,The Board found that the submitted records from January 2019 did not address an element in dispute or affect the outcome of the case.

The Veteran's right lower extremity radiculopathy is granted as service-connected.,The Veteran's left lower extremity radiculopathy remains at a 10 percent evaluation.