Radiculopathy & sciatica decisions — 2024

The Board has remanded the Veteran's claims for increased ratings due to failure to attend scheduled VA examinations. The Veteran is advised to contact VA and provide a reason if he cannot attend the upcoming examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations and development of records.

The Board has granted service connection for cervical strain, left ankle strain, and right lower extremity sciatica secondary to lumbosacral strain. Service connection for left lower extremity radiculopathy was denied due to lack of current diagnosis.

The Veteran's hypertension, left and right lower extremity sciatic nerve radiculopathy, rhinitis, and sinusitis claims are denied. The AOJ also remanded the service connection for rhinitis and sinusitis due to a duty to assist error.

The Veteran's degenerative arthritis of the spine and lower extremity radiculopathy have been granted with increased ratings, but further evaluation is needed to determine appropriate periods of convalescence following his back surgery.

The Veteran's diabetes mellitus does not require regulation of activities, and thus he is not entitled to a rating in excess of 20 percent.,The Veteran's hypertension has been well-controlled by medication throughout the appeal period and does not meet the criteria for a higher rating under Diagnostic Code 7101.,For diabetic peripheral neuropathy of the left lower extremity, sciatic nerve, the Veteran is not entitled to an initial rating in excess of 20 percent as his condition is manifested by no more than moderate incomplete paralysis.,For diabetic peripheral neuropathy of the left lower extremity, femoral nerve, the Veteran is not entitled to an initial rating in excess of 20 percent as his condition is manifested by no more than moderate incomplete paralysis.,For diabetic peripheral neuropathy of the right lower extremity, sciatic nerve, the Veteran is not entitled to an initial rating in excess of 20 percent as his condition is manifested by no more than moderate incomplete paralysis.,For diabetic peripheral neuropathy of the right lower extremity, femoral nerve, the Veteran is not entitled to an initial rating in excess of 20 percent as his condition is manifested by no more than moderate incomplete paralysis.

The Board has granted service connection for the claimed conditions and set an effective date of December 31, 2019.

The Veteran's PTSD was granted a 70% disability rating effective January 12, 2021. The right upper extremity radiculopathy and left upper extremity radiculopathy were each granted increased ratings of 20% prior to July 29, 2021, and greater than 40% and 30%, respectively, after that date. A TDIU was granted effective February 1, 2014, and DEA benefits since then.

The Veteran's RLE and LLE lumbar radiculopathy are currently rated at 20 percent each, effective June 4, 2020.,The Board finds that the evidence does not support a higher rating for either condition.

The Board has remanded the claim for service connection of radiculopathy of the left lower extremity due to insufficient evidence. The ratings for lumbar spine degenerative disc disease, right shoulder disability, and left knee disability remain denied as they do not meet the criteria for increased ratings.

The Veteran's claims for increased ratings for left lower extremity radiculopathy, right lower extremity radiculopathy, and thoracolumbar spine degenerative arthritis were denied as the evidence did not support a higher rating.

The Board dismissed the Veteran's appeal because the proposed reduction of his disability ratings was not implemented, and the Veteran did not request a hearing or submit evidence within the required timeframe.

The Veteran's GERD has been granted a 30 percent rating. The right shoulder and bilateral lower extremities conditions are remanded for further examination and opinion.

The Board has granted effective dates of December 26, 2019 for the awards of service connection for right and left upper extremity radiculopathy. The appeal is denied as there is no evidence of a claim prior to December 26, 2019 for cervical spine degenerative arthritis with IVDS.

The Veteran's bilateral hearing loss is granted as service-connected. The Board finds the Veteran's sciatic nerve pain had its onset in service and remands for a VA examination to determine if it is related.

The Board has granted service connection for the Veteran's degenerative joint disease of the lumbar spine as secondary to his service-connected right ankle and right hip disabilities. However, it denied service connection for his claimed right lower extremity radiculopathy.

The Veteran's claims for service connection for intervertebral disc syndrome cervical spine, degenerative arthritis and related issues are being remanded due to the need for additional medical opinions.,Specifically, the Board is requesting an opinion on whether the Veteran's cervical spine condition was aggravated by his service-connected low back disorder.

The Board has dismissed the appeal of a proposed reduction from 70% to 40% for TBI, as it was premature and not ripe for appeal. The remaining issues have been remanded for further examination.

The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors. The issues include back, knee, and hand disabilities as well as an acquired psychiatric disorder.

The Veteran's left ear hearing loss is rated as noncompensable, and his right calf condition does not meet the criteria for service connection.,VA has determined that the Veteran's current right calf muscle spasm with sciatica and herniated nucleus pulposus at L5-S1 is not related to his in-service injury.