Radiculopathy & sciatica decisions — 2024

The Veteran's degenerative disc disease and joint disease, as well as his radiculopathy (sciatic) of the left lower extremity prior to August 21, 2018, are granted with specific ratings.

The Veteran's right shoulder disability is rated at 20 percent, but the Board finds that a higher rating is not warranted due to limited range of motion. The Veteran's back surgical scars are noncompensable as they do not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's left lower extremity radiculopathy is associated with his back disability and is inextricably intertwined, so it must be addressed along with the back disability issues.

The Veteran is granted an effective date of April 19, 2018 for a 20% rating for left lower extremity sciatic nerve radiculopathy. The Board also grants entitlement to TDIU and DEA from June 18, 2018.

The Board has remanded the claims for increased ratings and TDIU due to incomplete records, particularly private primary care records from 2015 onwards.

The Veteran's claim for an initial compensable rating for bilateral hearing loss prior to May 28, 2021 was denied. The Board found that the audiometric results showed a level of hearing loss compatible with a noncompensable rating.,For the period after May 28, 2021, the Veteran's claim for an increased rating in excess of 10 percent for bilateral hearing loss was also denied.

The Veteran's acquired psychiatric disorders are caused and aggravated by his service-connected disabilities. The Board has granted the claim for service connection, but the effective date of the TDIU is remanded due to insufficient clinical evidence.

The Board has remanded the claims for further development due to inadequate VA examinations and opinions. The Veteran's right knee, back, left and right lower extremity radiculopathy, and sleep apnea are all in question.

The Veteran's death was caused by a toxic level of medication, and the Board is remanding to obtain medical records and provide an opinion on whether his service-connected disabilities or medications contributed to his death.

The Veteran's TDIU and SMC based on housebound status are granted due to his service-connected disabilities, including diabetes, peripheral neuropathy, PTSD, and other conditions.

The Veteran's claim for service connection for residuals of a traumatic brain injury has been reopened and granted.,Service connection is also granted for bilateral lower extremity radiculopathy (femoral nerve) due to the in-service motor vehicle accident, but with an earlier effective date denied.,Service connection is also granted for a lumbar spine condition due to the in-service motor vehicle accident, but with an earlier effective date denied.

The Veteran's claims for higher ratings and effective dates have been denied. The current disability rating of 40 percent for the back disability is maintained.,Higher ratings for left leg radiculopathy and right lower extremity radiculopathy with restless leg syndrome are also denied.

The Board has granted service connection for the Veteran's lumbar spine condition and associated radiculopathies, finding that the onset of these conditions coincided with his active-duty service.

The Veteran's right lower extremity radiculopathy symptoms prior to July 22, 2022 were rated as mild incomplete paralysis. From July 22, 2022, the symptoms were rated as moderate incomplete paralysis. The case is remanded for further development.

The Board denied service connection for an acquired psychiatric disorder, a low back disability, and right lower extremity radiculopathy associated with the low back disability. The claim of entitlement to a temporary 100% evaluation due to surgery for a service-connected disability was also denied as there is no service-connected disability.

The Board denied the Veteran's claims for increased ratings for his left and right lower extremity radiculopathies, finding that they were primarily manifested by sensory symptoms without significant motor or atrophy issues. The disability was rated as 10% prior to April 26, 2023, and 40% thereafter.

The Veteran's PVD is granted a 30% rating, but no more. The Veteran's GERD and LLE radiculopathy prior to March 30, 2018 are denied ratings in excess of 10%. Service connection for Chronic Pain Syndrome is denied.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability and bilateral lower extremity sciatica, finding that there is at least as likely as not that these conditions are related to his active duty service.

The Board has remanded the issues of service connection for bilateral lower extremity radiculopathy, neuropathy, and ankle conditions due to inadequate medical opinions.

The Veteran's right peroneal nerve radiculopathy is granted a 10% rating, while the right ankle tendonitis status post Bostrom repair remains at 10%. The claims for service connection related to sleep apnea and heart conditions are remanded.

The Veteran's claim for a higher rating of 20 percent for right lower extremity radiculopathy affecting the sciatic nerve was denied, and his appeal is remanded.,The Veteran's claim for an earlier effective date for service connection of bilateral eye disability is also remanded.