Radiculopathy & sciatica decisions — 2024

The Veteran's lumbar spine disability is now rated at 40 percent effective August 23, 2016. A separate 10 percent rating for radiculopathy of the left lower extremity is also granted.

The Board has remanded the Veteran's claims for service connection and increased rating for various upper extremity and lower extremity disorders due to outstanding VA examinations. The Veteran is also being asked to provide additional information regarding his unemployability.

The Veteran's joint pain and left upper extremity radiculopathy have been granted service connection. However, the Board has determined that remand is necessary for further examination to address Gulf War syndrome claims.

The Veteran's appeal is denied as the evidence does not meet the criteria for a higher disability rating under Diagnostic Codes 5260 and 5261 for left knee conditions prior to February 16, 2021. The Veteran also has no compensable ratings for his left upper extremity radiculopathy.

The Veteran's bilateral lower extremity peripheral neuropathy was previously rated at 20% prior to February 4, 2019. From that date forward, the condition has been rated at 60%. The appeal is denied for increased ratings.

The Board has remanded the case for further development, including obtaining updated treatment records and referring the claim of entitlement to TDIU to the Under Secretary for Benefits or the Director of Compensation and Pension Services for consideration of assignment of a TDIU on an extra-schedular basis prior to November 17, 2016.

For the period beginning August 22, 2022, the Veteran is granted a disability rating of 30 percent for his left lower extremity femoral radiculopathy.,For the period beginning August 22, 2022, the Veteran is granted a disability rating of 40 percent for his right lower extremity sciatic nerve radiculopathy.

The Veteran's service-connected disabilities (bilateral pes planus, right ankle degenerative joint disease, cervical paraspinal tendonitis, left upper extremity radiculopathy, and painful scars) have worsened to the point where he requires aid and attendance. The Board has ordered a remand for further examination to determine his need for SMC based on aid and attendance/housebound status.

The Veteran's service-connected disabilities, including right knee patellofemoral syndrome, ankylosis and instability of the right knee, right lower extremity radiculopathy, and lumbar strain with degenerative disc disease (DDD), did not meet the minimum threshold requirements for schedular TDIU. However, she is entitled to a TDIU on an extraschedular basis from January 3, 2013 to January 2, 2014.

The Veteran's appeals for various conditions and ratings have been dismissed due to her withdrawal of the appeals prior to a decision being made.

The Veteran's appeal includes claims for service connection and increased ratings related to various conditions, including respiratory issues, peripheral neuropathy, groin pain, and lumbar strain. The Board has ordered these matters remanded due to incomplete records and the need for additional examinations.

The Board has decided that the appellant is not eligible for direct payment of agent fees based on past-due benefits awarded in a June 2018 rating decision, which granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine with spondylolisthesis and for right and left lower extremity radiculopathy. The case is being remanded to ensure full compliance with contested claims procedures.

The Veteran's cervical degenerative arthritis and status post cervical fusion with cervical radiculopathy of the bilateral upper extremities are related to his active service. The Board has granted service connection for these conditions.

The Board has determined that the reduction in disability rating from 40 percent to 10 percent for service-connected lumbar fusion and laminectomy of L4-L5 and L5-S1 with residual pain was improper, and the 40 percent rating is restored. The claims for increased ratings for left and right lower extremity radiculopathy are remanded due to additional evidence received since the May 2020 Supplemental Statement of the Case.

The Board has remanded the Veteran's claims for increased ratings for back impairment, left and right lower extremity radiculopathy due to new evidence of flare-ups resulting in significant functional loss.

The Veteran's application to reopen a claim of service connection for left upper extremity neurological disability is granted, and the Board also grants service connection for left upper extremity cervical radiculopathy as secondary to his service-connected cervical spine degenerative disc disease.

The Veteran withdrew his appeals for all 10 issues related to service connection and evaluations of knee and foot conditions, paresthesia, and radiculopathy. The Board dismissed the cases as a result.

The Veteran's claims for service connection for back pain and associated radiculopathies have been granted with effective dates of July 10, 1994.

The Veteran's right upper extremity radiculopathy is granted a 20 percent rating prior to November 10, 2015.

The Board has granted service connection for left and right wrist tenosynovitis, as well as right ankle impairment. Service connection is also granted for back impairment, but the remaining issues are remanded for further evaluation.