Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for sinusitis, right ear hearing loss disability, cervical spine disability, lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity on a presumptive basis under the PACT Act. The claims for these conditions are effective as of August 10, 2022.

The Board has remanded the claims for lumbar radiculopathy, left and right lower extremities due to a duty to assist error. A VA examination is needed to determine if these conditions are directly related to service or caused by any service-connected condition.

The Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation, thus the TDIU claim is denied.

The Veteran's appeals for service connection and increased ratings have been dismissed due to their death.

The Veteran's radiculopathy of the right lower extremity sciatic and femoral nerves is rated at 10 percent, which is the lowest possible rating. The Board finds that higher ratings are not warranted due to mild symptoms.,Similarly, the Veteran's radiculopathy of the left lower extremity sciatic and femoral nerves is also rated at 10 percent, with no higher ratings found based on minimal findings.

The Veteran's claims for increased ratings were denied as he refused VA examinations and did not provide good cause.

The Veteran's radiculopathy of the left lower extremity sciatic nerve branch is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8520 for moderate incomplete paralysis.,The Veteran's radiculopathy of the left lower extremity external cutaneous nerve does not meet the criteria for a compensable rating.

The Veteran's claim for a higher rating for back disability is denied, and her right lower extremity radiculopathy is granted an initial 20 percent rating.

The Veteran's lower extremity neuropathy ratings have been granted, but the Board is unable to grant earlier effective dates due to lack of evidence showing a worsening in symptoms prior to November 25, 2020.

The Board has dismissed the Veteran's appeals for service connection and disability ratings related to his back issues, as well as his TDIU claim due to his contentment with his current rating.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, the maximum rating available under the criteria for incomplete paralysis of the sciatic nerve.

The Board has denied service connection for right and left lower extremity radiculopathies as secondary to a low back disability due to the absence of evidence showing functional loss equivalent to flexion or abduction limited to midway between the side and shoulder level.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 26, 2019.

The Veteran's claims for special monthly compensation (SMC) based on the need for aid and attendance and housebound status have been denied as there is no evidence of a single service-connected disability rated at 100% or substantial confinement to his dwelling.

The Board has granted service connection for sciatica on both sides and migraine headaches. Service connection for residuals of TBI and right plantar fibroma (claimed as fasciitis) is remanded.

The Board has granted the Veteran's claim for service connection for right lower extremity radiculopathy as secondary to his service-connected lumbar spine disability, finding that the evidence is in equipoise and affording the benefit of doubt to the Veteran.

The Veteran's claims for special monthly compensation based on need for aid and attendance and total disability rating based on individual unemployability are being remanded due to the failure of VA to obtain all available VA treatment records since November 2021.

The Veteran's claims for increased ratings for peripheral neuropathy of the lower extremities have been denied as his symptoms do not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 26, 2019.

The Board has remanded the claims for left and right sciatic nerve radiculopathy, as well as radiculopathy of the lower extremities, due to a lack of recent VA examinations. The service connection claim for urinary frequency and incontinence is also remanded for an addendum opinion addressing whether it is secondary to the Veteran's service-connected back disability.