Radiculopathy & sciatica decisions — 2024

The Board has remanded the case due to deficiencies in the duty to assist and the need for further development of evidence, including obtaining private treatment records from January 2017 and providing a retrospective opinion regarding the Veteran's sciatica of the left lower extremity.

The Veteran's appeal has been dismissed due to their death. The claims for increased ratings and effective dates are not addressed as the appellant died during the pendency of the appeal.

The Veteran's claims for service connection for left ear hearing loss, right ear hearing loss, thyroid disorder, and right wrist arthritis have been denied. The Veteran's claim for a higher rating for his right ear hearing loss has also been denied.,The Veteran's claim for service connection for left hip disorder, left upper extremity radiculopathy, and left lower extremity radiculopathy remains pending as the case is being remanded to consider these issues.

The Veteran's claims for increased disability ratings for service-connected left lower extremity radiculopathy are remanded due to the need for a VA examination to assess the severity of the condition.

The Veteran's right and left upper extremity radiculopathy with carpal tunnel syndrome are currently rated at 20 percent each, but the Board finds that higher ratings are not warranted.,Service connection for female sexual arousal disorder (FSAD) is denied.

The Board denied earlier effective dates for the awards of service connection for various disabilities, including unspecified anxiety disorder (also claimed as PTSD), tinnitus, obstructive sleep apnea, lumbosacral strain, radiculopathy of the lower extremities, and ankle/sleeve strains. The Veteran did not submit a formal or informal claim prior to March 16, 2015.

The Veteran's cervical strain, with associated radiculopathy of the right and left upper extremities, is granted effective from September 26, 2012. The Veteran also receives a disability rating of 20 percent for his cervical strain prior to October 12, 2020.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 10 percent for benign paroxysmal positional vertigo, entitlement to service connection for anemia, entitlement to service connection for left lower extremity sciatica, and entitlement to service connection for right lower extremity sciatica.

The Board has remanded the cases due to insufficient consideration of a VA treatment record from August 26, 2020, which noted potential radiculopathy. The appellant's claims for earlier effective dates are now pending and will be reconsidered with this new evidence.

The Veteran's radiculopathy of the right and left lower extremities are granted as secondary to his service-connected back disability. His coronary artery disease is granted a rating in excess of 10 percent prior to June 27, 2024, but denied for ratings exceeding 30 percent from that date.

The Veteran's claim for an earlier effective date of May 3, 2018, for service connection for right sciatic radiculopathy is granted as the date entitlement arose was May 3, 2018. The effective date is based on the date the Veteran first reported symptoms of right sciatic radiculopathy.

The Veteran's initial claims for compensable evaluations for RLE radiculopathy of the external cutaneous nerve of the thigh and obturator nerve were denied. The Board found that his current evaluations did not meet the criteria for a compensable evaluation based on the severity of his symptoms.

The Board has remanded the Veteran's claims for service connection for lumbar spine disability and radiculopathy of the left lower extremity due to incomplete records and need for further medical examination.

The Veteran's claims for various conditions, including major depressive disorder with anxious distress and mild neurocognitive disorder, migraines, bilateral hearing loss, degenerative arthritis and lumbosacral strain (sciatica), right knee degenerative arthritis, left knee degenerative arthritis, right hip degenerative arthritis, and left hip degenerative arthritis have been denied. The decision does not address service connection for specific conditions like obstructive sleep apnea, gout, or diabetes mellitus.

The Board has granted initial 40 percent ratings for right and left lower extremity neuropathy affecting the sciatic nerve, finding that the Veteran's condition meets the criteria for a moderately severe incomplete paralysis of the sciatic nerve.

The Board granted an initial rating of 40 percent for lumbar spondylosis with multilevel disc bulge, degenerative arthritis, intervertebral disc syndrome, and stenosis, status post-dislocation of the coccyx (back disability), and a 10 percent rating for sciatic radiculopathy of the left lower extremity effective April 12, 2016.

The Veteran's erectile dysfunction is granted a 20 percent rating since April 10, 2013. The issues of increased ratings for spondylolysis, spondylolisthesis, and lumbar spondylosis with myelopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are remanded.

The Veteran's radiculopathy of the right lower extremity (posterior tibial nerve) and neuropathy of the right lower extremity (internal saphenous nerve) have not met the criteria for increased ratings. The right foot contusion injury residuals are rated at 20 percent, which is the maximum rating under the applicable diagnostic code.,The Veteran's COPD has not more nearly approximated forced expiratory volume in one second (FEV-1) of 56- to 70-percent predicted, or FEV-1/Forced Vital Capacity (FVC) of 56 to 70 percent, or DLCO (SB) 56- to 65-percent predicted.

The Veteran's death was not due to a service-connected disability that had been continuously rated totally disabling for at least ten years immediately preceding his death, or within five years of his discharge from active duty. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.

The Board has dismissed the appeal for service connection of radiculopathy of the right lower extremity as it was granted in a July 2023 rating decision.