Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, leading to a TDIU grant.

The Veteran's disability ratings for chronic right sacroiliac musculoskeletal strain and right lower extremity radiculopathy were reduced from 20% and 40%, respectively, to 10%. The reduction of the 40% rating for right lower extremity radiculopathy was granted as it met criteria for restoration.,The Veteran's ratings for chronic right sacroiliac musculoskeletal strain prior to April 1, 2023, and in excess of 10% thereafter were denied. The Veteran's rating for right lower extremity radiculopathy was also denied.

The Board has granted earlier effective dates of January 28, 2020 for service connection of radiculopathy in both lower extremities and remanded the rating decisions for radiculopathy and degenerative disc disease.

The Veteran's combined disability rating is 100 percent, but he does not have a single disability rated at 100 percent. The Board finds that the Veteran's service-connected disabilities alone do not result in the need for aid and attendance.

The Veteran's right lower extremity radiculopathy is currently rated at 60 percent, which adequately reflects his symptoms of moderate intermittent pain and numbness. He does not meet the criteria for a higher rating due to lack of complete paralysis.,For his left lower extremity radiculopathy, he is currently rated at 20 percent, reflecting moderate incomplete paralysis. The evidence does not support a higher rating as his symptoms are considered moderate.

The Board dismissed the appeal of the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as it was fully addressed in a previous decision.

The Veteran's bilateral lower extremity radiculopathy resulted in no more than moderate incomplete paralysis of the sciatic nerves, and an initial rating of 20 percent was granted for left lower extremity radiculopathy. An initial rating in excess of 20 percent for right lower extremity radiculopathy is denied.

The Veteran's service-connected disabilities, including PTSD and diabetes-related neuropathies, rendered him unable to secure or maintain substantially gainful employment. The Board granted TDIU for the period prior to August 30, 2022, and Special Monthly Compensation at the housebound rate for that same period. For the period beginning on August 30, 2022, the Veteran's 100% schedular rating was upheld.

The Board has remanded the claims for further development due to inadequate medical opinions regarding service connection and a TDIU determination.

The Board has remanded the claims for service connection and TDIU due to incomplete or inadequate opinions regarding the relationship between the appellant's service-connected knee disabilities and her claimed disabilities. The VA must obtain additional medical opinions addressing whether the non-service-connected disabilities would have been less severe but-for the service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities result in loss of use of both lower extremities, necessitating the aid of braces, crutches, canes, or a wheelchair. The appeal is being remanded to obtain updated medical records and conduct VA examinations to assess the current severity of his service-connected conditions.

The Board has determined that additional evidence was submitted and should be considered in the first instance. The Veteran's increased rating claims for lumbar spine, cervical spine, and right upper extremity radiculopathy disabilities are being remanded to allow for consideration of this new evidence.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Board remands the claims for an increased rating and service connection due to pre-decisional duty to assist errors, requiring additional medical examinations and opinions.

The Veteran's claim for service connection for IBS has been granted. The Board also remanded the claims for secondary service connection for right and left lower extremity radiculopathy to a lumbosacral strain.

The Board denied the veteran's claims for increased ratings and granted service connection for radiculopathy of the bilateral lower extremities as secondary to her service-connected lumbosacral strain.

The Board remands the claims for an earlier effective date for increased ratings of right and left upper extremity radiculopathy due to a pre-decisional duty to assist error.

The Board has granted effective dates of May 4, 2021 for the grants of service connection for anxiety disorder, back disability (Thoracolumbar Spine), right hand strain, left hand strain, sciatica right lower extremity, and sciatica left lower extremity. The Veteran's increased evaluation for his left shoulder disability is also granted as of May 4, 2021.

The Board has remanded the claims for service connection for back disability, right foot drop, and LLE radiculopathy due to inadequate opinions in the original decision. The Veteran's claims are being reviewed again.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, which is the maximum rating available under VA regulations.,Service connection for a neck condition was denied as there is no evidence of a disease or injury incurred in service.