Radiculopathy & sciatica decisions — 2024

The appeal was dismissed due to the appellant's death, and no service connection decision is made.

The Veteran's right lower extremity radiculopathy is granted as service-connected. The claims for tinnitus, left ear hearing loss, and a right hip disability are remanded.

The Veteran's lumbar spine disorder is currently rated at 40 percent, but the Board has found that a higher rating is not warranted due to lack of evidence of unfavorable ankylosis.,RLE and LLE sciatic nerve radiculopathy are both rated at 20 percent. The Board has remanded these issues for further review.

The Board has restored service connection for spondylolisthesis with degenerative arthritis of the spine and right lower extremity radiculopathy, finding that the original severance decisions were improper due to clear and unmistakable error.

The Veteran's service-connected back disability is currently rated at 10 percent, and the Board denied an increased rating.,Service connection for a right lower extremity nerve disability secondary to the service-connected dorsalgia was also denied.

The Veteran's PTSD is rated at 50 percent effective February 29, 2020. The lumbar spine post-laminectomy syndrome and left lower extremity sciatic radiculopathy are both denied.

The Veteran's cervical spine disability, left and right upper extremity radiculopathy, and umbilical hernia were evaluated. The rating for the cervical spine was denied as it did not meet criteria for higher ratings under either General Rating Formula or IVDS Formula. Ratings for the left and right upper extremities radiculopathy were granted at 30% and denied respectively. The umbilical hernia received a 20% rating from February 7, 2019 to February 6, 2019.

An effective date prior to December 29, 2016, for the award of a 10% rating for left great toe fracture residuals is denied.,A rating in excess of 10% for left great toe fracture residuals is denied.,Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is granted.

The Board has remanded the Veteran's claims for service connection for lumbar radiculopathy of the right and left lower extremities due to a lack of adequate VA medical examination and opinion regarding the etiology of his current disabilities. The Veteran is already service connected for lumbosacral strain with degenerative arthritis, which he attributes as the cause of his current radicular symptoms.

The Veteran's cervical spine disability and right and left lower extremity radiculopathy were restored to their previous ratings of 30%, 10%, and 10% respectively, effective March 3, 2020.

The Veteran's claims for increased ratings and service connection were denied. The claim for a temporary total evaluation based on the need for convalescence was also denied.

The Veteran's cervical spine disorder is rated at 30 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis.,Right upper extremity radiculopathy and left upper extremity radiculopathy are both rated at 20 percent, as they do not meet the criteria for higher ratings based on incomplete paralysis.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression, anxiety and PTSD, was denied. Service connection was granted for lumbar spine arthritis, cervical spine arthritis, right upper extremity cervical radiculopathy (secondary to cervical spine arthritis), right knee osteoarthritis, and left knee osteoarthritis and patellofemoral pain syndrome.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include lower back disability, bilateral sciatica, acquired psychiatric disorder (including depression and anxiety), and erectile dysfunction.

The Veteran's appeal was denied for a higher rating for PTSD, and the cases were remanded for further evaluation of other conditions.

The Veteran's service-connected disabilities, including PTSD, spine, knee and left ankle conditions, prevent him from securing and maintaining substantially gainful occupation.

The Board has decided to remand the claims for increased rating of lumbosacral strain and service connection for right lower extremity radiculopathy due to a duty to assist error. The Veteran needs to be evaluated by a VA examiner to assess his current condition, including potential additional diagnoses such as degenerative disc disease. An addendum opinion is also needed regarding the relationship between the Veteran's service-connected lumbar spine condition and his right lower extremity radiculopathy.

The Veteran's tension type headaches are granted a 50% rating. The left shoulder instability with history of rotator cuff is denied as it does not meet the criteria for a higher rating. A noncompensable rating is granted for left shoulder scars. The low back disability, degenerative arthritis with IVDS, and radiculopathy in both lower extremities are all denied. Ratings in excess of 20% for left knee strain, right knee strain, hemorrhoids, and maxillary sinusitis are also denied. Service connection for sleep apnea is remanded.

The Veteran's service-connected right ankle scar has been granted an initial rating of 10 percent, effective July 3, 2007.,The Board is remanding the issues regarding left cervical radiculopathy and right ankle residuals for additional development.

The Veteran's depressive disorder is rated at 70 percent, the highest available rating.,Service connection for a cervical spine condition and bilateral upper extremity radiculopathy due to that condition are granted.