Radiculopathy & sciatica decisions — 2024

The Board granted a 20 percent rating for lumbar radiculopathy of the right sciatic nerve prior to October 5, 2020.

The Veteran's LLE radiculopathy, sciatic nerve, was initially rated at 20% prior to January 6, 2022. Since then, the evidence supports a higher rating of 40%. The Board found that the Veteran is no longer capable of substantially gainful employment due to his disability.,The effective date for service connection has been set as July 13, 2017.

The Veteran's appeals for increased ratings for right and left lower extremity radiculopathies, as well as his TDIU claim, were denied due to his failure to report for scheduled VA examinations.,VA attempted to schedule the Veteran for necessary medical examinations but he failed to cooperate by not attending these appointments.

The Board denied the Veteran's claim for service connection for left upper extremity radiculopathy as there is no evidence of a current disability.

The Veteran's service-connected disabilities, including left and right knee conditions, back issues, radiculopathy, cervical spine condition, upper extremity radiculopathy, hypothyroidism, and PSVT, are being remanded for further evaluation.

The Veteran's right lower extremity sciatic radiculopathy is granted a 40 percent disability rating. The issue of service connection for gastroesophageal reflux disease (GERD) is remanded due to insufficient medical opinion regarding the relationship between GERD and her service-connected conditions.

Effective dates are being remanded for the Veteran's claims of service connection and increased ratings for his hip disabilities, as well as for a depressive disorder. The AOJ is instructed to consider additional service department records from 1987 in determining whether an earlier effective date is warranted.,An earlier effective date is also being considered for the Veteran's bilateral lower extremity radiculopathy and obturator nerve neuralgia claims.

The Board has denied service connection for right and left lower extremity radiculopathy as the evidence does not support a finding of in-service injury or disease, nor is there any link between current disability and service.

The Veteran's radiculopathy of the right lower extremity is currently rated at 20 percent, and the Board finds that a higher rating is not warranted due to the current evidence showing no more than moderate incomplete paralysis.,VA examinations for insomnia disorder, GERD, constipation, hemorrhoids, and scars of the back and hemorrhoids scars were conducted in May 2018. The Veteran's representative has indicated that her conditions have worsened since these exams.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities alone did not render him unable to secure and follow substantially gainful employment.

The Board denied the Veteran's claim for a TDIU rating due to her service-connected disabilities, finding that her education and work history did not support a conclusion that she was unable to secure or follow substantially gainful employment.

The Veteran's radiculopathy of the left lower extremity (sciatic nerve) is granted a 40 percent rating effective October 25, 2019. However, a higher rating for this condition is denied.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for medical opinions regarding his service-connected left knee disability, as well as his claimed right knee, hip, and lumbar radiculopathy disabilities. The claims are being returned to the AOJ for further consideration.

The Veteran's vertigo, seizure disorder, cervical spine disability, lumbar spine disability (lumbar spinal stenosis, lumbar spondylolisthesis, and spondylosis with radiculopathy), diabetes mellitus, peripheral neuropathy of the bilateral upper and lower extremities, bilateral eye disability, tinnitus, hypertension, chronic memory loss disability, chronic headache disability, major depressive disorder, right foot disability, right knee disability, arthritis, left foot disability, left knee disability, left hip disability, and right hip disability are not supported by evidence of record.,The Veteran's service connection claims for vertigo, seizure disorder, cervical spine disability, lumbar spine disability (lumbar spinal stenosis, lumbar spondylolisthesis, and spondylosis with radiculopathy), diabetes mellitus, peripheral neuropathy of the bilateral upper and lower extremities, bilateral eye disability, tinnitus, hypertension, chronic memory loss disability, chronic headache disability, major depressive disorder, right foot disability, right knee disability, arthritis, left foot disability, left knee disability, left hip disability, and right hip disability are denied.

The Veteran's service-connected PTSD, combined with other disabilities, has rendered him unable to secure and follow a substantially gainful occupation. Effective January 10, 2021, he is granted a TDIU.

The Veteran's appeal is remanded for the following reasons: obtaining potentially relevant private treatment records, clarifying any SSA claim, and obtaining an addendum opinion regarding whether his fibromyalgia is aggravated by a service-connected disability.

The Board has remanded the Veteran's claims for lumbar spine disability, left lower extremity radiculopathy, trigger finger deformity of the left thumb, and trigger finger deformity of the left ring finger due to inadequate medical opinions regarding their etiology.

The Board has remanded the claims for service connection and rating issues related to various conditions, including right knee condition, right hand condition, left hand condition, sleep apnea, cervical spine condition, and left upper extremity radiculopathy. The case is returned to the RO for further development.

The Board has remanded the Veteran's claims for additional development to obtain service treatment records and VA clinical documentation, as well as a VA examination for his left fifth finger fracture residuals.

The Veteran's claim for increased ratings for left and right lower extremity radiculopathy (sciatic nerve) has been denied as the evidence does not support a higher rating.,The Veteran's claim for increased ratings for left and right lower extremity radiculopathy (femoral nerve) has been denied as the evidence does not support a higher rating.