Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, and back conditions, precluded him from securing or following substantially gainful employment prior to July 9, 2018.

The Board has determined that the Veteran's claims for service connection for migraine headaches and radiculopathy of the left lower extremity are remanded due to inadequate medical opinions. The Veteran is requesting service connection for these conditions as secondary to her service-connected cervical spine degenerative disc disease and lumbosacral strain with degenerative arthritis, respectively.

The Veteran's tinnitus, bilateral lower extremity lumbar radiculopathy, IBS and dyspepsia have been granted service connection.,Further examination is needed to determine the nature of any additional musculoskeletal disorders affecting the Veteran's lower extremities.

The Board has remanded the claims for service connection due to potential exposure to Agent Orange and other toxic substances during service. The Veteran's conditions are being reviewed in light of the PACT Act, which requires VA to provide a disability examination and medical nexus opinion when a veteran submits a compensation claim and has evidence of a disability and participation in a toxic exposure risk activity (TERA).

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence of a chronic condition in service or within one year after service, and that any current back disability is not related to service or his service-connected knee disabilities.

The Board has granted a TDIU rating based on the Veteran's combination of service-connected disabilities from March 19, 2015 to July 19, 2018. The effective date for this award is March 19, 2015.

The appeal is dismissed for TDIU, and the lumbar spine disability and right lower extremity radiculopathy claims are remanded.

The Veteran's pension benefits were adjusted based on his income from Social Security Administration (SSA) benefits, and he is no longer entitled to a higher rate of nonservice-connected disability pension benefits.

The Board has remanded the cases for further development due to outstanding VA treatment records and non-VA community care treatment records.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity radiculopathy due to insufficient evidence from a previous examination. The TDIU claim is also being remanded.

The Veteran's claims for earlier effective dates for increased disability ratings and service connection are denied.,The Veteran is not entitled to an earlier effective date prior to November 22, 2015, for the grant of increased disability ratings for his lumbosacral strain and residuals of a right second metacarpal fracture.,The Veteran's claim for service connection for right lower extremity radiculopathy is also denied as there was no factual ascertainable increase in disability prior to November 22, 2015.

The Veteran's back disorder and right lower extremity radiculopathy were granted increased ratings, while left lower extremity radiculopathy had its rating restored. The dental disorder case remains in appellate status.

The Board has reopened the previously denied claims of service connection for low back disability, bilateral lower extremity radiculopathy (previously claimed as right and left leg conditions), right carpal tunnel syndrome, and left carpal tunnel syndrome. The claims are now remanded to obtain additional medical opinions regarding the etiology of these disabilities.

The Veteran's lumbar spine DDD with L1 compression fracture was granted a rating of 20 percent prior to March 31, 2010 and 40 percent after that date. The initial ratings for right and left lower extremity radiculopathy were denied.

The Veteran's left knee strain with internal derangement and right knee strain with internal derangement are granted a rating of 10 percent each, effective June 8, 2013. The Veteran's lumbar radiculopathy is granted a rating of 10 percent each for the left and right lower extremities, effective prior to April 26, 2023.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a new examination to address the Veteran's claims of service connection for bilateral upper and lower peripheral neuropathy, including CIDP and carpal tunnel syndrome.

The Board has determined that the VA examinations and opinions are inadequate for remanding the claims of service connection for thoracolumbar spine disability, cervical spine disability, bilateral knee disability, left shoulder disability, right shoulder disability, and radiculopathy of the upper and lower extremities. Additional examination is needed to determine if these conditions were incurred in or caused by service.

The Board has decided that the Veteran's lumbar spine degenerative disc disease with stenosis, right lower extremity radiculopathy, left lower extremity radiculopathy, a right hip condition, menstrual disorder, and bilateral pes planus are all remanded for further development.

The Veteran's left lower extremity radiculopathy is now rated at 40 percent effective July 11, 2022.,Her lumbosacral degenerative disc disease remains rated at 40 percent.