Radiculopathy & sciatica decisions — 2024

The Veteran's initial rating claims for peripheral neuropathy of the left and right upper extremities have been denied. The Board has granted a higher rating (60%) for the Veteran's right upper extremity peripheral neuropathy as of December 11, 2019.,A TDIU claim is remanded due to the need for additional information regarding the Veteran's employment history.

The Board has remanded the case due to an inadequate examination report, specifically regarding the effects of medication on the Veteran's left lower extremity radiculopathy. The Veteran needs a new examination to assess his disability without considering the ameliorative effects of medication.

The Board has granted service connection for the Veteran's left tarsal tunnel syndrome, finding that it is related to his service-connected left ankle sprain and lumbar spine radiculopathy. The appeal for staged disability ratings for left ankle sprain residuals remains pending.

The Board has remanded the claims for a rating in excess of 10 percent for degenerative disc disease of the lumbar spine, service connection for radiculopathy of the bilateral lower extremities, and service connection for spinal stenosis due to pre-decisional duty-to-assist errors. The Veteran's disability picture must be evaluated with an adequate VA examination.

The Veteran's radiculopathy of the right upper extremity is granted as secondary to his service-connected cervical intervertebral disc syndrome with strain.,The Veteran's headaches are granted as secondary to his service-connected cervical intervertebral disc syndrome with strain.,The Veteran's right knee disorder is granted as secondary to his service-connected left knee patellofemoral syndrome.

The Board has remanded the claims for a new VA examination to assess the Veteran's lumbar spine disability, as the previous examination was inadequate.

The Board has decided to remand the cases of a right anterior neck scar and left upper extremity radiculopathy for further evaluation due to insufficient evidence at the time of initial rating decisions.

The Board has granted service connection for lumbosacral strain (back disability) and right lower extremity radiculopathy, secondary to a service-connected back disability. The decision is based on the Veteran's competent and credible lay statements regarding his in-service injury and subsequent pain.

The Veteran's claims for increased ratings for IVDS and sciatic nerve impairment, radiculopathy, left lower extremity are being remanded due to the need for additional examination and assessment of functional loss during flare-ups.

The Veteran's claim for service connection for a left shoulder strain was dismissed. Service connection for tinnitus is granted with a disability rating of 30%. The reduction in the disability rating for radiculopathy of the left lower extremity from 10% to 0% has been restored.

The Board has denied the Veteran's claims for initial compensable ratings for radiculopathy of the right and left lower extremities, finding no evidence of complete or incomplete paralysis.

The Board has remanded the cases due to a duty to assist error in the May 2018 VA examination, which was inadequate for adjudication purposes. A new VA examination is required that includes all pertinent facts and considers Dr. E.S.'s conclusions about the severity of the Veteran's bilateral lower extremity radiculopathy.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his military service.

The appeal for service connection of various disabilities, including a left ankle disability and low back disability, is dismissed as moot due to the full grant of these claims in March 2021. The remaining issues were denied.

The Veteran's claims for service connection for various conditions have been dismissed due to the untimely filing of VA Forms 10182, despite the Veteran claiming a pandemic-related excuse. The Board found no good cause for the delay and thus dismissed the appeal.

The Veteran's appeal seeking earlier effective dates for ratings of left and right femoral radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of lumbar spine degenerative arthritis with IVDS, left lower extremity radiculopathy (sciatic), and right lower extremity radiculopathy (sciatic) is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of cervical spine degenerative arthritis with IVDS and right upper extremity radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of left upper extremity radiculopathy is dismissed.

The Veteran's claims for higher ratings for lumbosacral strain with degenerative arthritis and left lower extremity radiculopathy are denied. The current evaluations of 20 percent and 10 percent, respectively, are found to be appropriate based on the evidence.

The Veteran's service-connected cervical spondylosis, left and right upper extremity radiculopathy, and carpal tunnel syndromes have been granted initial ratings from specific dates. The effective date for the award of a total disability rating due to individual unemployability (TDIU) is set at August 30, 2005.

The Veteran's claims for increased ratings for right lower extremity radiculopathy and scars of the anterior trunk, status post prostatectomy and lipoma excision of the left chest were denied. The Board found that there was no evidence to support a compensable rating for either condition.

The Veteran's service connection for right lower extremity radiculopathy is granted. The claims for increased ratings and earlier effective dates for left lower extremity radiculopathy, as well as the TDIU claim are remanded.