Radiculopathy & sciatica decisions — 2024

The Veteran withdrew his appeal for increased ratings in excess of the assigned disability ratings for major depressive disorder, radiculopathy, and degenerative disc disease. The Board dismissed all issues on appeal.

The Veteran's service-connected radiculopathy of the left upper extremity was granted an initial evaluation of 20 percent, effective November 10, 2023.

The Veteran's DDD of the lumbar spine is rated at 20 percent, which is the maximum schedular rating available.,The Veteran's right and left lower extremity sciatic nerve radiculopathies are each rated at 10 percent.

The Board has remanded the claims for service connection due to insufficient development of records from a private treatment provider. The Veteran's history and symptoms related to his claimed conditions are being evaluated further.

The Board denied the Veteran's claims for an effective date earlier than November 7, 2016 for the awards of service connection for left and right lower extremity radiculopathy of the femoral nerve due to a lack of contemporaneous evidence of such prior to that date.

The Veteran's claim for a higher rating for migraine headaches was denied as the current disability does not meet the criteria for an increased rating.,Service connection for right and left upper extremity radiculopathy was also denied, with no evidence of such conditions during or after service.

The Veteran's service-connected lumbosacral strain with narrowing L4-L5 disc space, radiculopathy sciatic nerve, gastroesophageal reflux disorder, and rhinitis are found to have caused or aggravated the Veteran's obstructive sleep apnea (OSA). As a result, the Board has granted service connection for OSA as secondary to these pre-existing conditions.

An earlier effective date of March 9, 1998 for service connection for degenerative arthritis of thoracolumbar spine is granted.,The Veteran's entitlement to initial ratings in excess of 10 percent for sciatic radiculopathy of the left and right lower extremities is remanded.

The Veteran is entitled to special monthly compensation (SMC) based on the need for aid and attendance of another person due to his service-connected disabilities.,However, the Veteran does not meet the criteria for SMC by reason of being housebound as he does not have a single disability rated 100% disabling with other service-connected independently ratable at 60%, or be permanently housebound by reason of service-connected disability or disabilities.

The Veteran's TDIU claim was denied because the AOJ did not consider his employment status. The Board is remanding to clarify whether he is receiving wages and/or worker's compensation, and to obtain relevant records.

The Board has granted service connection for a low back disability and secondary service connection for bilateral lower extremity radiculopathy as related to the now service-connected low back disability.,There is no specific rating assigned, effective date or exposure basis mentioned in this decision.

The Veteran has withdrawn his appeals for the claims of right shin splint, left shin splint, mood disorder, sciatic radiculopathy (right lower extremity), lumbosacral strain, irritable bowel syndrome with gastroesophageal reflux disease and esophagitis, allergic rhinitis, sciatic radiculopathy (left lower extremity), and bilateral hearing loss.

The Veteran's tension headaches are rated at 30 percent effective December 28, 2022. The rating for lumbosacral strain, degenerative arthritis, and IVDS is granted at 20 percent effective December 28, 2022.

The Board denied the Veteran's claim for service connection for left upper extremity radiculopathy, finding that it did not begin in service and was not related to an in-service event or injury.

The Veteran's request for an increased rating for right lower extremity radiculopathy (sciatic nerve) was denied. Separate ratings were granted for left lower extremity radiculopathy (sciatic nerve). The Board found the evidence insufficient to warrant a higher rating and remanded the service connection claims for hip conditions.

The Veteran's somatic symptom disorder is granted service connection, and the Board has remanded for further development regarding PTSD ratings and back disability ratings.

The Veteran's appeal for increased ratings for left and right lower extremity sciatic radicular pain was denied as the evidence did not support a rating greater than 20 percent for the left leg or greater than 10 percent for the right leg.

The Veteran's claims for higher ratings for degenerative arthritis of the spine with IVDS and radiculopathy of the bilateral lower extremities are remanded due to inadequate VA medical opinions.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination by a neurologist. The Veteran's service connection claim for bilateral upper and lower peripheral neuropathy, to include CIDP and carpal tunnel syndrome, is being reviewed.

The Board has remanded several issues related to the Veteran's lower back and left knee disabilities, including rating determinations for various periods of time. The case is being returned for further action based on a retrospective opinion addressing the state of the Veteran's disabilities throughout the appeal period.