Radiculopathy & sciatica decisions — 2024

The Board has determined that additional development is necessary to accurately rate the Veteran's bilateral lower extremity radiculopathy, and a new VA examination is required.

The Veteran's lumbosacral strain with IVDS is granted a 40 percent rating, effective from the date of the appeal. Other claims are remanded.

The Board has determined that the procedural error in recognizing the Veteran's VA Form 10182 and placing his appeal on the AMA Hearing docket was a procedural error, and thus remanding the cases for further development under the Legacy system.

The Veteran's chronic low back strain was restored to a 50 percent rating, effective November 30, 2017. The claims for earlier effective dates for service connection of right lower extremity (sciatic nerve), left lower extremity (sciatic nerve), and left lower extremity (femoral nerve) were denied.

The Veteran's claim for service connection for a back disability, including as secondary to his service-connected right shoulder disability, is being remanded due to the need for additional medical opinions.

The Board has remanded the Veteran's claims due to insufficient opinions regarding his claimed disabilities and need for additional medical records. The issues of increased ratings, service connection, and other claims are now before the VA again.

The Veteran's back disability was granted a 40 percent rating effective August 28, 2023.,A separate 20 percent rating for right lower extremity radiculopathy of the sciatic nerve is also granted, effective from January 6, 2020.

The Veteran's lumbar spine degenerative arthritis with intervertebral disc syndrome and spinal fusion, right lower extremity radiculopathy, and left lower extremity radiculopathy are each granted initial 40 percent ratings effective March 5, 2019. TDIU eligibility is also granted.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted by his representative.

The Veteran's low back disability is not rated higher than 40 percent due to lack of unfavorable ankylosis or incapacitating episodes.,Left and right sciatic nerve radiculopathy are each rated at 20 percent, with no higher rating possible based on the criteria provided.,Service-connected psychiatric disability was granted a 50 percent evaluation prior to December 16, 2023, but denied any rating in excess of 70 percent beginning that date.

The Veteran's service-connected disabilities result in the need for aid and attendance, as he requires assistance with bathing, toileting, dressing, managing medication, eating, preparing food, and shaving.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional information from a VA examiner. The issue of TDIU prior to September 5, 2019 is also being remanded.

The Veteran's claim for an increased level of SMC was denied as he does not meet the criteria for any of the available rates under VA regulations.

The Veteran's claims for higher evaluations for various peripheral neuropathies and diabetes mellitus, type II are being remanded due to the need for additional development.

The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to October 1, 2013, and granted special monthly compensation (SMC) based upon the need for aid and attendance (A&A).

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated hip and nerve conditions, prevent him from obtaining or maintaining substantially gainful employment since April 15, 2013. The Board has granted a finding of total disability based on individual unemployability (TDIU) for this period.

The Veteran's radiculopathy of the left upper extremity is remanded for additional development to determine which nerve groups are affected and if there has been any progression over time.

The Veteran's service-connected back disability, combined with other disabilities, has rendered him unable to secure and follow substantially gainful employment since June 2, 2009. The Board granted a TDIU on an extraschedular basis.

The Veteran's left lower extremity radiculopathy is granted a 60% rating, effective from January 4, 2015. The Veteran's erectile dysfunction secondary to his service-connected lumbar spine disability is also granted.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate development in the prior examinations.