Radiculopathy & sciatica decisions — 2024

The Veteran's low back disability has not been manifested by unfavorable ankylosis or acute signs and symptoms due to IVDS that require bed rest prescribed by a physician and treatment by a physician for at least six weeks in a 12-month period.,The Veteran's right lower extremity neurological signs and symptoms are due to nonservice-connected diabetes mellitus, type II (diabetes); he does not have symptoms attributable to sciatic nerve radiculopathy associated with his low back disability that have caused more than mild incomplete paralysis of the sciatic nerve prior to April 16, 2013, or more than moderate incomplete paralysis of the sciatic nerve since that date.,The Veteran's left lower extremity neurological symptoms are due to nonservice-connected diabetes; he does not have symptoms attributable to sciatic nerve radiculopathy associated with his low back disability that have caused more than moderate incomplete paralysis of the sciatic nerve.

The Veteran's claims for increased ratings and effective dates are being remanded to obtain additional medical examinations and review of the evidence.

The Veteran's claim for an increased rating of 70 percent for major depressive disorder has been granted. The claims for service connection for back condition and right lower extremity radiculopathy, as well as the increased ratings for right knee conditions, are remanded.

The Veteran's claims for increased ratings were denied as the evidence did not show an increase in severity of his lumbar radiculopathy or degenerative disc disease and IVDS prior to receipt of his September 2018 claim. The Veteran was currently rated at 20 percent for each issue.

The Veteran's thoracolumbar spine disability and lower extremity radiculopathy conditions are currently rated at 40 percent, but the Board finds no evidence of ankylosis or incapacitating episodes meeting criteria for higher ratings.

The Veteran's claim for an earlier effective date for the award of service connection for left lower extremity lumbar radiculopathy was denied.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected left lower extremity lumbar spine radiculopathy is remanded.

The Veteran's claims for increased ratings for bilateral lower extremity radiculopathy were denied as service connection was severed, effective September 30, 2019.

The Veteran's claims for increased disability rating and TDIU are being remanded due to the need for a new VA examination to assess the current severity of his right lower extremity radiculopathy, as well as further development of his inferred claim for TDIU.

The Veteran's service-connected disabilities have caused functional impairment that prevents him from obtaining or following substantially gainful employment throughout the appeal period, and TDIU is granted on an extraschedular basis.

The Veteran's claims for increased ratings and effective dates are being remanded due to the addition of new evidence since the April 2020 SOC. The Veteran does not have a representative at this time.

The Veteran's lumbar spine degenerative arthritis was rated at 10 percent prior to August 7, 2008 and at 20 percent thereafter. The Board found no evidence of entitlement to a higher rating.,For the left lower extremity sciatic radulopathy, the Veteran was denied ratings in excess of 10 percent prior to April 16, 2019 and in excess of 20 percent from that date onwards. For right lower extremity sciatic radulopathy, he was denied ratings in excess of 20 percent prior to April 16, 2019 and in excess of 20 percent thereafter.,For the right lower extremity femoral radulopathy, the Veteran was denied an initial rating in excess of 20 percent from May 6, 2019. For left lower extremity femoral radulopathy, he was also denied such a rating from that date onwards.

The Veteran's TDIU claim is granted for the period since February 15, 2015. The effective date of this grant is set at February 15, 2015.

The Board has reopened the previously denied claims for service connection for a right upper extremity disability and a left shoulder disability, both claimed as secondary to a service-connected low back disability. However, these claims are still pending because further development is required.,The Veteran's current theory of service connection is that her disabilities are secondary to a neck disability, which has been granted in the July 2023 rating decision.

The Board has granted a 20 percent rating for the low back disability, but remanded the issues of increased ratings for the right shoulder and bilateral lower extremity radiculopathy due to new evidence showing worsening of these conditions.

The Veteran's dysthymia is rated at 70 percent, but not total disability.,His lumbar spine degenerative disease with IVDS (ranging from 50 to 100 percent) and right lower extremity radiculopathy are both granted increased ratings.

The Board has denied service connection for degenerative joint disease of the cervical spine, right upper extremity radiculopathy, and muscle spasms of the lower back. The Veteran's disabilities are not considered to be directly related to his military service.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) as there was insufficient evidence to show he could not secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, as he is unable to perform many daily activities without assistance due to his orthopedic and neurological impairments.

The Veteran's left lower extremity radiculopathy was rated at 10 percent prior to June 27, 2022. The Board denied a higher rating for the condition.

The Board has granted service connection for the Veteran's back condition, diagnosed as degenerative disc disease with right lower extremity radiculopathy and left lower extremity radiculopathy with degenerative joint disease of the lumbar spine. The appeal regarding entitlement to service connection for a left hip disability is remanded.