Radiculopathy & sciatica decisions — 2024

The Board has determined that the VA examinations obtained prior to the September 2020 rating decision were inadequate and remanded for further action. The Veteran's left shoulder, right knee, left knee, cervical spine (including radiculopathy and spondylosis), and back disabilities are all being remanded due to duty-to-assist errors.

The Board has dismissed all service connection claims for lower extremity radiculopathy and femoral nerve conditions as the appellant died during the appeal process.

The Veteran's lumbar strain (low back condition) has been granted an initial rating of 40 percent.,Service connection for neck condition, left arm radiculopathy, right arm radiculopathy, and sleep apnea have all been granted.

The Board denied an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits due to service-connected disabilities, finding that entitlement did not arise until July 16, 2021.

The Board has decided to remand all issues on appeal due to the need for additional VA treatment records. The Veteran's claims for service connection are being returned for further review.

The Board denied the Veteran's claims for a separate compensable disability rating for right lower extremity radiculopathy prior to September 4, 2019 and in excess of 10 percent thereafter. The evidence did not show more than mild incomplete paralysis of the sciatic nerve.

Effective October 13, 2015, the Veteran's lumbar disability, bilateral lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy (femoral nerve), impairment of rectal sphincter control, and urinary incontinence have been granted.

The Veteran's increased ratings for left and right lower extremity radiculopathy of the sciatic nerve have been denied.,The Veteran has also had her TDIU granted, but an increased rating for DDD of the lumbar spine remains pending.

The Veteran's PTSD is rated at 50 percent, and his low back disability is rated at 40 percent. The other conditions are not granted initial ratings.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service connection for left and right lower extremity radiculopathy, femoral nerve was granted effective February 8, 2019. However, the Board denied entitlement to an earlier effective date.,The reduction in disability ratings from 20% to 10% for both left and right lower extremity radiculopathy, femoral nerve was found improper.

The Veteran's claim for an initial rating in excess of 20 percent for left lower extremity radiculopathy is denied.,The Veteran's claims for effective dates prior to August 29, 2013 for the grant of service connection for degenerative arthritis of the thoracolumbar spine and migraine headaches are both denied.,Both back disability and migraine headache claims have been remanded due to inadequate examination reports.

The Veteran's service connection claims for cervical spine DDD and related radiculopathy have been granted. The Board found that the Veteran's current cervical spine condition is related to her active service, including a fall while skiing in February 1984.

The Veteran's radiculopathy of the right and left lower extremities (sciatic nerve) is rated at 40 percent, which is denied.,The Veteran's radiculopathy of the right and left lower extremities (femoral nerve) is rated at 20 percent, which is denied.

The Board has granted service connection for radiculopathy, left lower extremity, as secondary to the Veteran's service-connected thoracolumbar spine strain.

The Veteran's headaches are rated at a maximum of 50 percent, effective August 12, 2019. The Veteran also has other service-connected conditions that have led to a combined schedular rating of 100%.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, which is the maximum schedular rating permitted for this condition.,The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent.

The Board has remanded the Veteran's claims for additional development due to a pre-decisional duty to assist error regarding peripheral nerve and shoulder examinations.

The Veteran's claims for service connection for an acquired psychiatric disability and a back disability were denied due to lack of new relevant evidence. The Board found that the Veteran did not provide any new evidence that could prove or disprove their claim, and thus, the claims are denied.

The Board has determined that the Veteran's back disability and right lower extremity radiculopathy were properly severed from service connection, as there was clear and unmistakable error in granting these conditions. The appeal is denied.