Radiculopathy & sciatica decisions — 2024

The Board has remanded the cases for further examination and review due to concerns about the qualifications of the examiners who conducted the October 2023 C&P examinations. The Veteran's representative requested additional information about the qualifications of these examiners, and a new examination is needed.

The Veteran's claims for higher ratings for left and right lower extremity femoral nerve radiculopathy, as well as left and right lower extremity sciatic nerve radiculopathy, have been denied.,The evaluations assigned to the Veteran's service-connected disabilities do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has remanded the Veteran's claims for service connection and rating evaluation of his lower extremity radiculopathy disabilities, as well as his GERD disability. The AOJ must obtain a VA examination to address the bilateral lower extremity symptoms reported by the Veteran and assess the current severity of his GERD.

The Board has determined that further development is needed for the claims of increased disability rating for lumbosacral strain, service connection for right and left lower extremity disorders, and total disability due to individual unemployability (TDIU) as they are inextricably intertwined.

The Veteran's lumbar spine DDD and radiculopathy of the sciatic nerve have been granted increased ratings to 40 percent since September 20, 2010.

The Veteran's service-connected disabilities, including major depressive disorder and chronic fatigue syndrome, have resulted in a combined rating of 100 percent from January 24, 2017 to August 3, 2023. Effective August 3, 2023, the Veteran is granted a TDIU based on service-connected chronic fatigue syndrome alone.

The Board has granted service connection for left upper extremity cervical radiculopathy, secondary to service-connected cervical strain with degenerative joint and degenerative disc disease. The appeal regarding bilateral hip disability (including arthritis) and right shoulder A/C separation is remanded.

The Veteran's claim for service connection of a bladder/urinary disorder has been reopened and is granted.,Effective dates have not been assigned for the earlier effective date claims.

The Board has remanded the issue of service connection for a recurrent right upper extremity neurological disability to include radiculopathy due to inadequate examination and remand instructions.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for additional examinations and medical opinions.

The Veteran's claims for earlier effective dates and higher ratings have been denied.,Effective dates prior to August 1, 2014 for the grants of service connection for radiculopathy in both lower extremities are not granted.

The Veteran's lumbosacral spine strain and sciatic radiculopathy of the lower extremities are granted increased ratings to 40 percent effective October 15, 2018.,Service connection for tension headaches and migraines is also granted.

The Veteran's service-connected coronary artery bypass grafting with atrial fibrillation and chronic kidney disease, hypertension, low back strain, left lower extremity radiculopathy, right lower extremity radiculopathy, and bilateral hearing loss have been granted ratings. The highest possible rating of 100 percent has been assigned for the Veteran's coronary artery bypass grafting with atrial fibrillation and chronic kidney disease due to constant albuminuria with some edema; or definite decrease in kidney function; or hypertension at least 40 percent disabling under Diagnostic Code 7101. A separate 10 percent rating is granted for hypertension. The Veteran's low back strain, left lower extremity radiculopathy, and right lower extremity radiculopathy have been rated as 40 percent each, but not higher, based on limitation of motion under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula). Bilateral hearing loss has also been granted a separate rating of 10 percent.

The Board has remanded the Veteran's claims for cervical spine disability, headaches, and bilateral upper extremity radiculopathy due to inadequate opinions in previous VA examinations. The claims are now pending for further evaluation.

The Veteran's PTSD was granted an initial 70 percent rating, effective June 21, 2017. Effective dates for service connection were denied prior to the specified dates.

The Veteran's claims for increased ratings and TDIU were granted. The rating for DDD of the lumbar spine was increased to 40 percent effective November 2, 2023. Initial ratings of 40 percent were assigned for bilateral lower extremity radiculopathies (sciatic nerve) from November 2, 2023, and for femoral nerves from November 2, 2023. TDIU was granted.

The Board has found that the VA examinations and opinions provided were inadequate, and thus the appeal is being remanded for further development.

The Veteran's claims for higher ratings for his service-connected back disability and bilateral lower extremity radiculopathies were denied. The Board found that the evidence did not support a rating higher than 40 percent for the back disability, and no higher ratings for the sciatic nerve and femoral nerve radiculopathies.

The Veteran's claims for increased ratings for bilateral lower extremity radiculopathies were denied. The VA determined that the current levels of disability did not warrant higher ratings.

The Veteran's claims for service connection for lumbar spine condition, left lower extremity radiculopathy, and gastrointestinal disability have been granted. The claim for right lower extremity radiculopathy as secondary to lumbar spine condition and the claim for sleep apnea as secondary to non-allergic rhinitis are remanded.