Radiculopathy & sciatica decisions — 2024

The Veteran's back condition was granted an increased rating from February 1, 2019. The right and left leg radiculopathies were also granted initial ratings of 20 percent each.

The Board has granted an earlier effective date of April 13, 2009 for the grant of service connection for left lower extremity radiculopathy and a disability rating of 20 percent for this condition. The Veteran's TDIU claim was also granted with an effective date of April 13, 2009.

The Veteran's claims for service connection have been dismissed as he withdrew his appeals.

The Board has dismissed all issues of increased evaluations and service connection due to the appellant's withdrawal of her appeal.

The Veteran's service connection claims for an acquired psychiatric disorder, bilateral hearing loss, peripheral neuropathy of the right and left hands, and sciatica/neuralgia in both lower extremities are granted. The claim for bilateral hearing loss is denied.

The Board has granted service connection for a right foot scar, claimed as cellulitis. The other claims of service connection are remanded.

The Veteran's service-connected dysphagia, right upper extremity median-nerve disorder, and right lower extremity sciatic-nerve disorder are each rated at 10 percent. The appeal is denied as the disability evaluations do not meet criteria for a higher rating.

The Board has granted service connection for radiculopathy of the left lower extremity as secondary to service-connected myospasm of the lumbar spine, and remanded the issue of service connection for osteoarthritis of the left hip. The Veteran is now rated at 10% for arthritis of the toes of the right foot.

The Board has remanded the Veteran's claims for radiculopathy of the sciatic and femoral nerves due to incomplete evaluations, lack of a VA examination, and inextricable ties with the TDIU claim. The Veteran is required to be provided an opportunity for a VA examination and a retrospective medical opinion.

The Veteran's lumbar spine IVDS with spondylolisthesis and bilateral lower extremity radiculopathy were granted ratings, but the Veteran still requires further development for his claims.

The Board has dismissed the Veteran's appeals for earlier effective dates and remanded two issues related to his lower extremity radiculopathy disabilities. The remaining issues are being remanded for further examination.

The Board has remanded the claims of service connection for lower back disability and bilateral lower extremity radiculopathy due to their inextricable link with the pending claim of service connection for fibromyalgia.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the addition of new VA treatment records. The case will be returned to the RO for review.

The Veteran's claims for higher initial staged ratings for intervertebral disc syndrome of the lumbar spine and right lower extremity radiculopathy, as well as his TDIU claim prior to May 10, 2022, are being remanded due to incomplete development. The AOJ is instructed to obtain SSA records and schedule a VA examination for the Veteran's intervertebral disc syndrome of the lumbar spine and associated right lower extremity radiculopathy.

The Veteran's claim for service connection for an acquired psychiatric disorder was dismissed as the Veteran withdrew his appeal.,Service connection for a status post orchiectomy, left congenital undescended testicle, with painful scar, was reopened and granted. The right testicular torsion was also granted. Service connection for a right knee disability and sciatica were denied.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's increased disability ratings for left and right lower extremity nerve disabilities are granted, with the exception of some issues regarding his lumbar spine disability which require further examination.

The Board has remanded the Veteran's claims for increased ratings of his cervical spine disability and left upper extremity radiculopathy due to insufficient reasons and bases in the March 2023 decision. The remand requires a retrospective medical opinion on the Veteran's flare-ups, as well as an examination to assess the severity of his left upper extremity radiculopathy.

The Board dismissed the appeal for service connection of asthma. Service connection was granted for an acquired psychiatric condition including major depression disorder, low back disability (degenerative disc disease of the lumbar spine with radiculopathy), and obstructive sleep apnea.

The Veteran's cervical spine disability, lumbar spine disability, right shoulder tenosynovitis, and left knee/tenosynovitis disabilities are rated at the maximum schedular ratings. The psychiatric disability is granted as secondary to service-connected conditions.