Radiculopathy & sciatica decisions — 2024

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeal in writing.

The Board has dismissed the Veteran's appeals regarding service connection for various conditions, including right upper extremity radiculopathy, left upper extremity radiculopathy, lumbar spine disability, left wrist disability, and right knee disability. The Veteran was previously granted service connection for these conditions in prior rating decisions.

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected back disability.,His acquired psychiatric disorder, diagnosed as PTSD with major depressive disorder, is also granted as secondary to his service-connected right lower extremity radiculopathy.

The Veteran's service-connected disabilities rendered him unable to secure and maintain a substantially gainful occupation from October 20, 2009, to December 31, 2011, and from January 1, 2013, to October 1, 2019. The Board affords the Veteran the benefit of doubt in finding that his service-connected disabilities alone resulted in unemployability during these periods.

The Veteran's right knee strain has been granted service connection. The initial rating for left knee strain remains denied, and a separate rating of 10 percent is granted for left knee instability.,Service connection for bilateral hand condition and bilateral foot condition are remanded due to the need for additional medical opinions.

The Board has remanded the cases for further development due to unclear findings from a previous VA examination and the need to address whether the Veteran has unfavorable ankylosis of the spine.

The Veteran's service-connected lumbar strain with myofascial pain syndrome, right hip osteoarthritis limited extension, left hip osteoarthritis limited extension, right hip osteoarthritis limited flexion, left hip osteoarthritis painful motion, left hip osteoarthritis limited adduction and abduction, left sciatic nerve radiculopathy, and right sural nerve radiculopathy are being REMANDED for further development.

The Board has remanded several issues related to the Veteran's lumbar spine disability, left and right hip disabilities, and a femoral acetabular impingement syndrome of the left hip. The issues include rating claims for various hip and back conditions, as well as the propriety in reducing the Veteran's rating for his left hip condition.

The Veteran's appeal for service connection for a sleep disorder is dismissed as the appellant withdrew his claims prior to the promulgation of a decision. The Board also remanded several other issues including service connection for bilateral foot disability, chronic fatigue, major depressive disorder, left lower extremity radiculopathy, right knee strain with history of Baker's cyst and effusion, gastro-esophageal reflux disease (GERD), total disability rating based upon individual unemployability (TDIU), and special monthly compensation (SMC) based on the need of regular aid and attendance of another.

The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant due to her lack of blindness, loss or use of both hands, severe burn injury, and an inhalation injury resulting in total disability.

The Veteran's right lower extremity radiculopathy is rated at a 10 percent rating since October 9, 2014.,The Veteran's bilateral knee disabilities are remanded for further examination and opinion regarding their relationship to his service-connected low back disability.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment effective April 22, 2023.

The Board has remanded several service connection claims due to the need for additional medical opinions and records. The Veteran's conditions include PTSD, a painful irritable eye condition, sleep disturbance with mild apnea, headaches, left knee pain, right knee pain, neck pain, numbness and light headedness, right ankle pain, right hip disability, stomach issues (GERD and gastroparesis), degenerative disc disease of the lumbar spine, sciatic nerve radiculopathy, and hearing loss. The claims are being remanded for further evaluation.

The Board has remanded the Veteran's claims for increased ratings for his service-connected back disability and associated radiculopathy due to deficiencies in prior VA examinations. The Veteran needs a new examination that addresses pain, functional loss during flare-ups, and where in the arc of motion pain begins.

The reduction of the disability rating from 10 percent to zero percent for the Veteran's service-connected left sciatic nerve radiculopathy was improper, and restoration of the prior 10 percent rating is granted. A TDIU on a schedular basis due to the Veteran's service-connected disabilities is granted effective August 8, 2018.

The Veteran's lumbar strain with degenerative arthritis is rated at 20 percent, which is the maximum rating available under Diagnostic Code 5237.,Separate ratings of 10 percent each are granted for left and right lower extremity radiculopathy.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for right ring finger with suture scar, bilateral upper extremity disability (including carpal tunnel syndrome, RUE radiculopathy, and tendinitis), and right knee disability as secondary to service-connected left knee disability. The claims are being remanded for further examination and medical opinions.

The Veteran's thoracolumbar spine disability and radiculopathy of the right lower extremity were granted initial ratings. The rating for the left lower extremity was denied, with a separate grant of a temporary increased rating prior to September 17, 2020.

The Veteran's lumbar spine condition and right lower extremity radiculopathy have been granted initial increased ratings, but the claim for a separate rating for left lower extremity radiculopathy is remanded.

The Board denied the Veteran's claims of service connection for cervical spine, left arm radiculopathy, and low back disabilities. The evidence did not support a finding that these conditions were related to service.