Radiculopathy & sciatica decisions — 2024

The Board has remanded the Veteran's claims for service connection, increased rating, and TDIU due to a pre-decisional duty to assist error. The issues include secondary service connection for cervical spine disability, separate ratings for lower extremity radiculopathy, and TDIU based on his lumbar spine disabilities.

The Veteran's claim for increased rating of a lumbar spine disability, right lumbar radiculopathy, and left knee disabilities was granted with effective dates.,An initial compensable rating for the status-post left knee surgical scar was denied.

The Veteran's right knee disabilities were granted service connection and an increased rating. Other conditions, including IBS, bilateral hip disabilities, left knee disabilities, and hypothyroidism, received increased ratings.

The Board has remanded the claims for hypertension, GERD, lumbar spine disability, radiculopathy of the left and right lower extremities, and an acquired psychiatric disorder due to pre-decisional errors in VA examinations.,VA is required to provide a VA examination if there is (1) a current disability; (2) an injury or disease in service; and (3) a possible nexus between them.

The Board granted service connection for right and left lower extremity radiculopathy, dismissed the claim for lumbar disability as moot, and remanded the claim for benign prostatic hypertrophy.

The Veteran's right upper extremity radiculopathy is currently rated at 40 percent, which represents the maximum schedular evaluation for this condition.,The Veteran's left foot hallux valgus and osteoarthritis of the first metatarsophalangeal joint (bilateral) are both rated at 10 percent each.

The Board has remanded the case due to conflicting medical evidence regarding radiculopathy in the Veteran's right lower extremity. The Veteran should be provided a VA examination to determine the current severity and manifestations of this condition.

The Board has remanded the case due to a duty-to-assist error, requiring an examination to determine if the Veteran is in need of aid and assistance as a result of his service-connected lumbar spine disorder with associated radiculopathy.

The Veteran's lumbosacral strain and lumbar radiculopathy of the right and left lower extremities are granted as secondary to his service-connected bilateral knee degenerative joint disease.

The Veteran's claim for a higher rating for left (minor) upper extremity all radicular groups radiculopathy is being remanded due to the need for further evaluation and consideration of his condition.

The Veteran's hearing acuity was no worse than Level I in both ears, resulting in a noncompensable rating for bilateral hearing loss.,There is only one painful scar of the abdomen, rated at 10 percent under DC 7804. The Veteran does not have two scars that are unstable or painful.

The appeals for increased ratings for the Veteran's service-connected thoracic spine disability and right leg radiculopathy have been dismissed due to the appellant withdrawing their appeal.

The Board granted service connection for IVDS with HNP, right and left lower extremity sciatic nerve radiculopathy, and a laminectomy scar, effective from October 8, 2009.

The Veteran's claims for earlier effective dates for cervical and lumbar radiculopathy have been denied as the earliest date of claim is March 22, 2021.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board denied the Veteran's request for an earlier effective date for service connection of left lower extremity radiculopathy, finding that no claim was received within one year after active service and that the earliest effective date is June 15, 2015.

The Board has dismissed the appeals for increased ratings and initial ratings for left knee conditions, as well as the TDIU claim. The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation.

The Veteran's claim for service connection for anemia has been denied as there is no evidence of a current disability or chronic disease during service, and the condition was not shown to be related to military service.,The case has been remanded due to insufficient medical opinions regarding the etiology of the Veteran's bilateral pes planus. The AOJ should obtain additional medical opinions to determine if the preexisting condition worsened during service.

The Board has granted service connection for the Veteran's right lower extremity femoral nerve radiculopathy as secondary to his service-connected degenerative disc disease of the lumbar spine, finding that the Veteran's current disability and a separate service-connected disability have been established. The Board also found that the Veteran's RLE femoral nerve radiculopathy was caused by or aggravated by his service-connected DDD.

The Veteran's bilateral lower extremities disability, including radiculopathy and neuropathy, is being remanded for further examination to determine its etiology.,The restoration of the 60 percent initial rating for the Veteran's coronary artery disease (CAD) remains granted.,TDIU based on service-connected disabilities prior to November 4, 2020, is granted.