Radiculopathy & sciatica decisions — 2024

The Veteran's claims for various conditions, including BPH, basal cell carcinoma, diverticulosis, fibromyalgia, lumbar spine disability, diabetes mellitus, and neurological disabilities of the lower and upper extremities, were denied as not supported by service connection.

The Veteran's appeal for service connection on multiple issues has been dismissed due to the withdrawal of his infertility claim. The remaining claims have been remanded for further evaluation.

The Veteran's diabetes mellitus type 2 and bilateral lower extremity peripheral neuropathy were granted higher ratings, with the neuropathy receiving a 40% rating since November 17, 2021.

The Veteran's appeal for an initial rating in excess of 20 percent for left lower extremity radiculopathy is dismissed. A TDIU is granted, effective September 19, 2016.

The Veteran's cervical spine arthritis, lumbar spine arthritis, bilateral hip condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and right lower extremity radiculopathy are remanded for further examination and medical opinions.

The Board has determined that additional development is necessary for the Veteran's claims regarding his lumbosacral spine degenerative disc disease and right lower extremity radiculopathy, including obtaining a VA examination to assess the severity of these conditions.

The Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine, bilateral lower extremity radiculopathy, and sciatic nerve radiculopathy are being remanded due to conflicting statements regarding ambulation in the VA examination reports.

The Board has granted effective dates of May 31, 2007 for the awards of service connection for right lower extremity femoral nerve radiculopathy and left lower extremity femoral nerve radiculopathy. The issues of higher ratings for various radiculopathies are remanded.

The Board has remanded the Veteran's claims for increased ratings for intervertebral disc syndrome, lumbar radiculopathy (right sciatic and right femoral nerves), and TDIU due to a lack of compliance with Correia v. McDonald requirements in the July 2020 VA examination.

The Board denied service connection for a cervical spine disability and right upper extremity radiculopathy, finding that the evidence did not establish a nexus to service. The Veteran's current disabilities were found to have begun after service.,Service connection was granted for a left knee disability as secondary to the service-connected right knee disability.

The Veteran's need for regular aid and attendance due to his service-connected disabilities has been established, warranting SMC based on the need for regular aid and attendance.,The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, meeting the criteria for TDIU.

The Veteran's claims for increased ratings of his service-connected diabetes mellitus with erectile dysfunction, peripheral neuropathies of the upper and lower extremities have been denied as they do not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Board has remanded the issues of entitlement to increased ratings for service-connected thoracolumbar spine disorder and right lower extremity sciatic radiculopathy due to outstanding private medical records being needed.

The Veteran's appeals for increased ratings for sciatic and femoral radiculopathy, as well as service connection for a psychiatric disability, are dismissed due to the Veteran not timely filing a VA Form 10182 with respect to the September 2019 and July 2020 rating decisions.

The Veteran's appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in an October 2020 Rating Decision has been dismissed because the appellant withdrew his appeal.

The Board has denied the Veteran's claims for service connection for right and left lower extremity radiculopathy or peripheral neuropathy, as well as his neck and low back disabilities. The evidence does not support a finding of current disability in these conditions.

The Veteran's claims for service connection for migraines, left cervical radiculopathy, right cervical radiculopathy, left lumbar radiculopathy, and right lumbar radiculopathy have been granted with effective dates of June 19, 2019.

The Board has granted earlier effective dates of October 17, 2012 for service connection of sciatica of the left and right lower extremities. The Veteran's appeal seeking increased ratings for these conditions is remanded.

The Veteran's radiculopathy of the right and left lower extremities is rated at a 20 percent rating from January 1, 2016 to March 22, 2019. An earlier effective date of January 1, 2016 for this rating is granted.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine with stenosis and vertebral fracture, left lower extremity radiculopathy, and right lower extremity radiculopathy were granted effective July 5, 2007.