Radiculopathy & sciatica decisions — 2024

The Board has granted the appellant's claims for service connection for gastroesophageal reflux disease (GERD) and radiculopathy of the right lower extremity, but denied the claims for erectile dysfunction (ED) and hypertension.

The Veteran's nerve condition of the bilateral lower extremities, claimed as radiculopathy, is granted.,The Veteran's sleep apnea and back condition are remanded for further review.

The Veteran's right foot degenerative arthritis was granted service connection effective June 17, 2020, the day following his separation from service. The other claims for left lower extremity radiculopathy and right lower extremity radiculopathy were denied as they predate this effective date.

The Veteran's service-connected disabilities, including intervertebral disc syndrome with degenerative arthritis of the spine, left shoulder impingement syndrome with degenerative arthritis, radiculopathy of the sciatic nerve, right lower extremity associated with intervertebral disc syndrome with degenerative arthritis, and tinnitus, have caused him to need regular aid and attendance due to his limited mobility. The Board has granted SMC based on this need.

The Veteran's appeals for increased ratings for service-connected right and left lower extremity radiculopathy have been dismissed as the appellant has withdrawn his appeal.

The Veteran's sciatic nerve radiculopathy is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the objective findings of her VA examinations.

The Board has granted service connection for cervical spine spondylosis, superimposed upon mild congenital stenosis, with associated right upper extremity radiculopathy. The Veteran's lay statements and medical literature support the conclusion that his current condition is related to parachute jumps during active military service.

The Veteran's claim for service connection was granted on October 20, 2020. The effective date is set at April 28, 2014.

The Board has determined that the reductions in ratings for RUE and LUE radiculopathy from February 9, 2021 were not proper due to inadequate examination. The Veteran's upper extremities radiculopathy conditions are remanded for a new VA examination to assess their current severity throughout the appeal period.

The Veteran's TDIU is based on multiple disabilities, and asthma alone does not meet the percentage standards for a TDIU. The Board refers the claim to VA's Director of Compensation Service for extraschedular consideration as to whether any individual disability might result in a TDIU.

The Board has remanded the claims for increased ratings and TDIU due to inconsistencies in VA examination reports. A new retrospective VA medical opinion is needed, and a VA Form 21-8940 must be completed by the Veteran.

The Board has granted the Veteran's claims for service connection for a low back disability and left lower extremity radiculopathy, finding that his current conditions are related to his military service.

The Board has granted service connection for left AC joint osteoarthritis, right AC joint osteoarthritis, lower lumbar spine osteoarthritis, and RLE radiculopathy. The claims were remanded due to insufficient evidence regarding the Veteran's acquired psychiatric disorder.

The Veteran's claims for increased ratings were granted effective July 3, 2015.,Effective dates are set based on the date of receipt of the claim or the date entitlement arose, whichever is later.

The Veteran's service-connected bilateral upper and lower extremity peripheral neuropathy is rated at a 10 percent rating, effective August 10, 2022.

The Veteran's service-connected disabilities do not meet the criteria for an employment handicap, as he has overcome any impairments to employability through his education, work history, and transferrable skills. Therefore, VR&E benefits are denied.

The Board has decided to remand the Veteran's claims for lumbosacral strain, lumbosacral degenerative disc and joint disease and L3-L4 central spinal canal narrowing, left lower femoral radiculopathy, left lower sciatic radiculopathy, and right lower sciatic radiculopathy due to inconsistencies in the VA examination reports.

The Board has remanded the claims for cervical spine disability with arthritis, lumbar spine disability with arthritis, radiculopathy of the right lower extremity, radiculopathy of the right upper extremity, radiculopathy of the left lower extremity, and radiculopathy of the left upper extremity due to inadequate opinions in the May 2023 VA examination.

The appeal for service connection for bilateral lower extremity neuropathy, to include radiculopathy has been dismissed as the AOJ's January 2024 rating decision granted service connection.,The RO remanded issues regarding a disability rating in excess of 10 percent for bilateral recurrent otitis externa and service connection for acquired psychiatric disorder, to include nervous condition and unspecified depressive disorder.

The Veteran's radiculopathy claims stem from his claim for service connection for intervertebral disc syndrome with spinal stenosis and facet hypertrophy filed on July 3, 2018. The Board found that earlier effective dates of July 3, 2018 are warranted for the grants of service connection for radiculopathy of the bilateral lower extremities of the sciatic nerves.,The Veteran is now assigned effective dates of July 3, 2018, for his radiculopathy of the bilateral lower extremities of the sciatic nerves. The issue of entitlement to an earlier effective date for the intervertebral disc syndrome with spinal stenosis and facet hypertrophy remains unresolved.