Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for degenerative disc disease of the cervical spine and radiculopathy of the bilateral upper extremities as due to active service, including a fall on ice in January 2019.

The Veteran's claims for increased ratings and a separate rating for left lower extremity radiculopathy were denied. The Board found that the evidence did not support higher disability ratings based on the severity of his lumbar spine, right lower extremity sciatic nerve, and right lower extremity femoral nerve disabilities.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for right lower extremity radiculopathy was denied as it did not meet the criteria for a higher rating.,The Veteran's claims for increased ratings and service connection were denied. The initial rating for left lower extremity radiculopathy was denied as it did not meet the criteria for a higher rating.,Service connection for right ankle disability was denied due to lack of evidence showing an in-service injury or disease related to the condition.,Service connection for right foot disability was denied because there is no evidence of current disability during the appeal period.

The Board has denied the Veteran's claims for service connection for residuals of lower back injuries, left and right lower extremity radiculopathy. The decision is based on a finding that there is no evidence linking these conditions to his period of active duty.

The Veteran's claims for increased ratings and service connection were denied. The TDIU was granted effective September 26, 2022.

The Veteran's claims for PTSD and low back pain were denied due to lack of new and relevant evidence. The claim for nerve damage of the right lower extremity was reopened.,Right ear hearing loss is not service-connected.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent throughout the review period. The issue of entitlement to TDIU is dismissed as moot because there is no indication that any single disability alone warrants a TDIU.

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide VA examinations and adequate medical opinions.

The Board denied service connection for lumbar and cervical spine disabilities, as well as neurologic impairment of the right lower extremity. The evidence did not support a link between these conditions and active service.

The Veteran's initial and increased ratings for right lower extremity sciatic nerve radiculopathy and thoracolumbar spine disorder are granted. However, the issues of service connection for fibromyalgia, TDIU prior to April 3, 2018, and SMC based on aid and attendance are remanded.

The Veteran's claims for increased ratings for lumbar degenerative disc disease and left leg radiculopathy were denied. The initial rating of 10 percent for lumbar degenerative disc disease was upheld, as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's TDIU claim is remanded as he has not had a single disability rated at 60 percent disabling, or a disability rated at least 40 percent.

The Veteran's claims for increased ratings and related issues are being remanded due to the need to obtain non-VA medical records from West University Wellness and Westchase Health and Rehabilitation Center, which have not been associated with the claims file. The AOJ is instructed to readjudicate the claims after obtaining these records.

The Board granted a 20 percent rating for LLE radiculopathy prior to December 8, 2016 and a 40 percent rating from December 8, 2016 to October 8, 2020. The issue of TDIU was also granted.

The Board has determined that the Veteran does not have a current diagnosis of neurological disorder of the buttocks, and any symptoms are attributed to already service-connected right and left lower radiculopathy of the sciatic nerve. The claims for residuals of TBI and radiculopathy of the upper extremities are remanded due to duty-to-assist errors.

The Board denied the Veteran's claims for an initial rating in excess of 10 percent for right and left lower extremity radiculopathy (sciatic nerve) as there was no evidence showing symptoms or impairment due to radiculopathy of greater severity than mild incomplete paralysis.

Effective August 14, 2018, the Veteran's service-connected cervical spine disability and associated radiculopathies of the upper extremities are granted. Effective November 19, 2019, the Veteran's service-connected lumbar spine disability and associated radiculopathies of the lower extremities are also granted.

The Veteran's claims for service connection for lumbar degenerative arthritis, upper back and lower surgical scars, and sciatic nerve radiculopathy of the LLE were granted effective March 17, 2021. The Board denied earlier effective dates as there was no evidence to support such.

The Board has vacated its August 2024 decision and dismissed the appeals on ten issues due to procedural errors, including incorrect substitution of the appellant as a valid claimant.

The Board has denied all service connection claims for various hip, knee, and back conditions as well as hypertension. The Veteran's current diagnoses do not meet the criteria for service connection due to lack of evidence showing a current disability during or immediately prior to the appeal period.