Radiculopathy & sciatica decisions — 2024

The Board has remanded all service connection claims due to a pre-decisional error in not considering direct service connection for the claimed conditions.

Service connection is granted for hemorrhoids, lumbar spine intervertebral disc syndrome with degenerative arthritis, left lower extremity radiculopathy, right lower extremity radiculopathy, and painful abrasion, blister of the left great toe.,The Veteran's service records show in-service treatment for various conditions including back pain, which is now diagnosed as lumbar spine intervertebral disc syndrome with degenerative arthritis. The VA examiner opined that his current condition is most likely caused by physical activity during service.

The Veteran's claims of increased ratings for lumbar spine and bilateral radiculopathy disabilities are remanded due to a duty to assist error where the VA failed to obtain his VAMC treatment records from July 2016, forward.

The Veteran's claim for service connection for spasmodic torticollis was denied as there is no evidence of a current diagnosis.,Tinnitus, right shoulder disability, and low back disability have all reached their maximum schedular ratings.

The Veteran's appeal of the proposed reduction in his right lower extremity radiculopathy rating from 20% to 0% is dismissed.,His increased ratings for herniated nucleus pulposus, L5-S1, status-post operative with degenerative disc disease and left lower extremity radiculopathy are remanded.

The Veteran's prostate cancer residuals, diabetes mellitus, lymphoma, and polyneuropathy have been granted service connection and assigned initial disability ratings. The effective date for the prostate cancer residuals is February 13, 2018.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal in October 2024.

The Board has granted the restoration of ratings for major depressive disorder with anxious distress, right and left lower extremity radiculopathy, and IVDS to their previous levels. Service connection for obstructive sleep apnea was also established.

The Veteran's claims for clothing allowances for calendar years 2020 and 2021 are being remanded due to the need for additional information regarding his prior clothing allowance approvals, specifically related to back braces.

The Veteran's combined disability rating was correctly calculated by the RO in May 2022, resulting in a 43 percent rating. The Board finds that this calculation is correct and denies the claim for a higher combined rating.

The Veteran's left knee disability, right lower extremity radiculopathy (sciatic nerve), and left lower extremity radiculopathy (femoral nerve) have been rated at the maximum allowable under VA regulations. The Veteran's lumbar spondylosis with intervertebral disc syndrome has not met the criteria for a higher rating.

The Veteran's claims for effective dates prior to March 3, 2023, for service connection of radiculopathy in the right and left lower extremities (femoral nerves) have been denied.,The Veteran's claim for an effective date prior to March 3, 2023, for service connection of left thigh scars associated with painful left thigh scar has also been denied.

The Board has remanded several issues related to the Veteran's service-connected conditions, including rating and effective date determinations. The case is returned for further action based on additional records.

The Veteran's respiratory disorder is not service-connected as it did not have its clinical onset in service and is not otherwise related to active duty.,There is no competent and credible evidence establishing that the Veteran currently suffers from a right leg impairment, other than radiculopathy, to include as secondary to a back disability.

The Board has dismissed the appellant's appeals for service connection on all nine issues due to her AMA opt-in from the August 2024 SSOC.

The Veteran has withdrawn his appeals for increased ratings in excess of 40 percent for lumbar strain and bilateral lower extremity radiculopathy (sciatic and femoral).

The Veteran's appeal is remanded due to the need for additional medical examination and opinion regarding his psychiatric disability, which may impact his claims for service connection.,His right lower extremity radiculopathy was rated at 10 percent prior to April 13, 2021. The issues of service connection for a psychiatric disability (PTSD) and erectile dysfunction are also remanded.

The Veteran's GERD is rated at a 60 percent evaluation, effective July 22, 2020.,The Veteran's left lower extremity sciatic radiculopathy is rated at a 40 percent evaluation.

The Board has decided to remand the claims for bilateral lower extremity sciatica and right hand trigger finger as there were pre-decisional duty to assist errors due to inadequate examinations provided in September 2021. The Veteran's medical records show diagnoses for both disorders, but the examiner did not provide a diagnosis or etiological opinion.

The Veteran's claims for service connection for various conditions, including back pain, skin conditions, knee issues, and hypertension, were denied. The Board found that there was no evidence to support the Veteran's assertions of in-service injury or aggravation.,Specifically, the Board determined that the Veteran did not have a current diagnosis of dermatitis or eczema, and his claimed back condition, right knee conditions, left knee conditions, hypertension, lumbar radiculopathy of the left lower extremity, and lumbar radiculopathy of the right lower extremity were not caused by service.