Radiculopathy & sciatica decisions — 2024

The Veteran's claims for an increased evaluation of her lumbosacral strain and service connection for radiculopathy are remanded due to inadequate VA examination reports. The Board finds duty to assist errors in the pre-decisional evidence.

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 Veteran's appeals for proposed reductions in ratings for peripheral neuropathy of the lower extremities have been dismissed due to withdrawal by the Veteran's attorney.

The Board has granted service connection for the Veteran's thoracolumbar spine condition, left and right lower extremity lumbar radiculopathy, finding that these conditions are related to his in-service injuries and secondary to his service-connected back disability.

The Board has granted service connection for a back disorder and LLE radiculopathy, finding that the Veteran's conditions are aggravated by his service-connected foot disorders. The TDIU issue is also remanded.

The Board has restored the previously assigned ratings for left and right upper extremity carpal tunnel syndrome, as well as granted a higher rating of 20 percent for right lower extremity radiculopathy. The decision also found that the reduction in ratings was improper.

The Veteran's claims for higher ratings for bilateral pes planus with plantar fasciitis, cervical strain with intervertebral disc syndrome (IVDS), left ankle sprain, right ankle sprain, and left upper extremity radiculopathy have all been denied. The highest schedular rating has already been assigned for each condition.

The Board has remanded the Veteran's claims for service connection for right and left lower extremity radiculopathy, as secondary to ankylosing spondylitis. The TDIU claim is also remanded due to its interdependence with the pending ankylosing spondylitis claim.

The Veteran's left lower extremity radiculopathy prior to March 15, 2022 is not rated higher than 10 percent.,The Veteran's left lower extremity radiculopathy after March 15, 2022 is not rated higher than 20 percent.,Prior to January 1, 2021, the Veteran's lumbar spine stenosis associated with post operative residuals of removal of medial cartilage right knee, to include degenerative arthritis, status post total knee arthroplasty is rated at 100 percent.,After January 1, 2021, the Veteran's lumbar spine stenosis associated with post operative residuals of removal of medial cartilage right knee, to include degenerative arthritis, status post total knee arthroplasty is rated at 20 percent.

The Veteran's claims for increased ratings and TDIU were denied. The claim for SMC based on the need for regular aid and attendance was remanded.

The Veteran's left lower extremity radiculopathy has been granted an initial disability rating of 20 percent, but no higher. The evidence is in at least approximate balance as to whether the Veteran's symptoms have manifested as severe constant pain and severe paresthesias and/or dysesthesias.

The Veteran's claim for an evaluation in excess of 40 percent for left lower extremity radiculopathy is dismissed.,A 40 percent evaluation is granted for intervertebral disc syndrome (IVDS) and sacroiliac degenerative joint disease, effective October 23, 2017.

The Veteran's left knee instability is rated at 20 percent, and his right lower extremity and left lower extremity radiculopathy are each rated at 20 percent. The claims for service connection on remand.

The Board denied a rating greater than 10 percent for right lower extremity radiculopathy, finding that the Veteran's condition is not worse than mild with incomplete paralysis.

The Veteran's service-connected bilateral lower extremity radiculopathies and sciatic radiculopathies are granted effective January 14, 2015.

The Veteran's appeals for service connection and increased rating were dismissed as the requests for extensions of time to file appeal forms were denied, and no good cause was shown.

The Veteran's initial disability ratings for left and right lower extremity peripheral neuropathy were granted at 40 percent each. The TDIU claim prior to May 18, 2020 was denied.

The Veteran's appeal for left shoulder disability was withdrawn by the Veteran during his virtual Board hearing.,Service connection is granted for tinnitus, headaches, GERD, chronic pain syndrome, lumbar radiculopathy (legs and feet), lumbar radiculopathy (arms and hands), and unspecified depressive disorder. Service connection is denied for PTSD.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, and therefore, he does not qualify for financial assistance in purchasing an automobile or other conveyance or adaptive equipment.

The Board denied effective dates prior to April 18, 2021 for the grants of service connection for various disabilities due to a lack of evidence showing an intent to file a claim before that date.