Radiculopathy & sciatica decisions — 2024

The Board has remanded the cases for further development and review due to incomplete records, specifically missing treatment records from a motorcycle accident. The Veteran's service connection claims related to right lower extremity sciatica and TDIU are also being reviewed.

The Board has determined that the Veteran's claims for increased ratings and effective dates are remanded due to procedural errors and need for additional medical opinions.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and evidence. The issues of neck disability, radiculopathy in both lower extremities, diabetes mellitus secondary to weight gain, and depression are being remanded for further development.

The Veteran's service-connected disabilities, including PTSD, DM, and diabetic neuropathy of the upper and lower extremities, have rendered him unable to secure or follow substantially gainful employment since June 25, 2020. The effective date for TDIU is granted as of that date.

The Veteran withdrew his appeals for ratings in excess of 70 percent for PTSD, and for ratings in excess of 20 percent for radiculopathy of the left and right lower extremities. The appeal was dismissed without prejudice.

The Board has denied the Veteran's petitions to readjudicate his claims for service connection for cervical spine disc herniation, cervical radiculopathy of the bilateral upper extremities, right shoulder strain, and cluster headaches as secondary to cervical spine disc herniation due to lack of new and relevant evidence.

Your appeals for increased ratings for service-connected left and right lower extremity radiculopathies have been dismissed as you requested to withdraw your appeal.

The Board dismissed the appeals for proposed rating reductions because no adjudicative determination was made, and the Veteran later withdrew his disagreement.

The Board has decided to remand the Veteran's claims for service connection due to pre-decisional duty to assist errors. The claims will be reconsidered with new examinations.

The Board has granted the Veteran's claims for service connection for lower back disabilities and left lower extremity radiculopathy, finding that his current conditions are at least as likely as not incurred in or caused by his active duty service.

The Veteran's appeal of the proposed reduction in rating for lumbar strain from 40% to 20% is dismissed. The issue concerning a compensable rating for bilateral hearing loss disability is denied.

The Board denied the Veteran's requests for earlier effective dates for service connection of degenerative arthritis of the cervical spine and right upper extremity radiculopathy, finding that no valid claim was submitted prior to September 4, 2020.

The Veteran's claims for earlier effective dates for increased ratings and service connection were denied. The Board found that the earliest date of record showing an ascertainable increase in severity was July 2, 2019.,The effective dates assigned by the AOJ are not supported by the evidence.

Your claim for an increased rating for right lower extremity radiculopathy has already been decided and is currently pending under the legacy system of appeals. The Board lacks jurisdiction to review this issue under the AMA framework.

The Veteran's claims for increased evaluations of his lumbosacral strain, IVDS, cervical spine degenerative arthritis, left shoulder impingement syndrome, and left leg radiculopathy are remanded due to inadequate prior VA examinations. The Veteran needs new and adequate examinations to assess the severity of these conditions.

The Veteran's right and left lower extremity radiculopathy have been granted separate ratings of 20% and 10%, respectively, effective January 15, 2019.,Effective dates for these ratings are based on the VA examination reports that confirmed a bilateral radiculopathy diagnosis.

The Veteran's claim for an earlier effective date for fibromyalgia was denied, and her TDIU was granted with an effective date of July 28, 2015. The decision is based on the Veteran's service-connected conditions.

The Board has remanded the Veteran's claims for service connection for right and left foot disabilities, as well as a left shoulder disability due to lack of evidence of an earlier claim. The Veteran is entitled to VA examination opinions regarding his claimed disabilities.

The Board denied service connection for radiculopathy of the left and right lower extremities as secondary to service-connected myofascial pain, upper thoracic region with thoracolumbar facet syndrome due to a lack of evidence of current disability.

The Board has granted service connection for radiculopathy of the right and left upper extremities, secondary to the Veteran's service-connected degenerative changes of the cervical spine. The effective date is set at July 11, 2013.