Radiculopathy & sciatica decisions — 2024

The Board has granted the Veteran's claim for service connection for lumbar spine disc disease with radiculopathy, finding that his current back disability had its onset during service and is related to an in-service injury. The decision also notes that there are no fire-related records of his service treatment records.

The Veteran's lower-mid back scar is not rated compensably, as the area does not meet the criteria for a 10% rating under Diagnostic Code 7802.,The Veteran's bilateral lower extremity radiculopathy of both the sciatic and anterior crural nerves are each denied ratings in excess of 20 percent.,The Veteran's status post L4-L5 discectomy is denied a rating in excess of 10 percent.

The appeal to sever service connection for right lower extremity radiculopathy of sciatic nerve from October 28, 2013, to June 26, 2020 is dismissed because the proposed determination was not a finalized decision and the Veteran's appeal was premature.

The Board denied service connection for tinea pedis, also claimed as onychomycosis, and tinea cruris, also claimed as jock itch. The Veteran's current diagnoses were not found to have begun during his active service or be related to an in-service injury, event, or disease.,The Board denied service connection for a low back disability with radiculopathy. The Veteran's current diagnosis was not found to have begun during his active service or be related to an in-service injury, event, or disease.

The Veteran's appeals for service connection for irritable bowel syndrome and chronic fatigue syndrome were dismissed as the benefits sought have been granted.,The Veteran's appeals for service connection for a respiratory condition, peripheral arterial disease, stable angina, fevers (also claimed as Meningeal disease), and bilateral hearing loss were dismissed as the benefits sought have been granted.

The Veteran's lumbar spine degenerative disc disease with retrolisthesis of L5 at S1 and left lower extremity radiculopathy of the sciatic and femoral nerves have been granted initial evaluations of 20 percent, effective December 23, 2019.

The Board has granted service connection for left upper extremity radiculopathy impacting the upper radicular group as secondary to treatment for malignant throat cancer. The claims of entitlement to service connection for a neck condition and a left shoulder condition are remanded.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's ratings for right and left lower extremity radiculopathy were improperly reduced, and the Board has remanded the case to determine if a higher rating is warranted.

The Board has reduced the Veteran's cervical spine evaluation from 30 percent to 20 percent, finding that her forward flexion improved to 30 degrees. The reduction was proper as it did not affect her overall compensation and there is no evidence of an actual change in disability level.

The Veteran's claim for service connection was remanded multiple times, and the effective dates were ultimately granted as of March 13, 2008.,Initial disability ratings greater than 20 percent are also being remanded for further development.

The Board has dismissed the claim for service connection for radiculopathy of the bilateral lower extremities as it was granted in a December 2022 rating decision. The restoration of the 40 percent disability rating for degenerative disc disease and arthritis of the lumbar spine is granted, but the reduction to 20 percent from July 1, 2020, is remanded due to an inadequate VA examination.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran has withdrawn his appeals regarding the October 2020 rating decision, resulting in the dismissal of all pending claims.

The Veteran's claim for an increased disability rating for left lower extremity sciatic radiculopathy is denied.,The Veteran's claim for an effective date earlier than March 7, 2022 for service connection of left lower extremity femoral nerve radiculopathy is also denied.

The Board has decided to remand the case due to errors in the initial decision and a need for further development, including obtaining an updated VA examination.

The Veteran's initial ratings for left and right lower extremity peripheral neuropathy (LLE PN) and right lower extremity peripheral neuropathy (RLE PN), musculocutaneous (superficial peroneal) nerve, were granted at a noncompensable rate from March 13, 2018 to September 10, 2019. The Veteran's initial ratings for left and right lower extremity peripheral neuropathy (LLE PN), sciatic nerve, were denied.

The Veteran's appeal for service connection for a left arm disorder, including radiculopathy of the left upper extremity, has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's appeals for increased ratings for right and left lower extremity radiculopathies are dismissed as they were part of the original appeal for a higher rating for their service-connected lumbar spine disability.