Radiculopathy & sciatica decisions — 2024

The Veteran's right and left lower extremity radiculopathy of the sciatic nerve are both rated at 20 percent throughout the appeal period.

The Veteran's claim for service connection for IBS was denied as there is no current diagnosis of IBS.,Service connection for right and left knee strain was granted with an effective date of May 24, 2017.

The Veteran's appeal for increased ratings on ten issues has been dismissed due to his withdrawal of the appeal.

Service connection for a neck disorder, including cervical DDD with IVDS is granted.,Effective date of March 19, 2019, for right lower extremity radiculopathy and left lower extremity radiculopathy is granted.

The Board denied the Veteran's request for an earlier effective date of July 16, 2020 for a 40 percent rating for his low back disability. The Board found that there was no medical evidence showing a factually ascertainable increase in symptoms prior to this date.

The Veteran withdrew her appeals for all listed conditions, resulting in the dismissal of these claims.

The Veteran's service-connected disabilities render him unable to secure or follow substantial gainful employment, consistent with his training and experience as an over-the-road truck driver.

The Veteran seeks an initial rating in excess of 50 percent for his lumbar spine disability, which was granted effective December 10, 2019. The Board also remanded the issues regarding radiculopathy ratings.,The Veteran's radiculopathy (femoral nerve) has been service-connected since December 10, 2019, but his claim for earlier effective dates remains pending.

The Veteran's application to revise the September 1997 rating decision based on clear and unmistakable error (CUE) for a compensable rating for tinnitus was denied. The appeal is also denied regarding service connection, increased ratings, earlier effective dates, and TDIU.

The Veteran's initial ratings for degenerative arthritis of the thoracolumbar spine, left lower extremity radiculopathy, and right lower extremity radiculopathy have been granted at 50%, 40%, and 40% respectively.

The Veteran withdrew his appeal prior to the Board's decision, leaving no issues for review.

The Veteran's anxiety and MDD are now rated at 50 percent, effective from the date of the decision. The other issues remain pending.

The Board has determined that the VA examination and opinion provided were inadequate due to pre-decisional duty to assist errors, including failing to obtain copies of the Veteran's non-VA treatment records related to his back disability. The case is therefore being remanded for further action.

The Veteran's obesity is not service-connected as it is not a compensable disability.,Prior to October 5, 2022, the Veteran's left and right lower extremity femoral nerve radiculopathies were rated at 10 percent each. The Board finds that they are currently less than moderate in severity.,The Veteran's left and right lower extremity femoral nerve radiculopathies have not been found to be more than moderate in severity prior to October 5, 2022.,Prior to August 17, 2022, the Veteran's left and right lower extremity sciatic nerve radiculopathies were rated at 10 percent each. The Board finds that they are currently less than moderate in severity.,The Veteran's service-connected thoracolumbar spine disability has not been found to be more than 20 percent disabling.

The Veteran's claims for increased ratings and an earlier effective date are remanded due to pre-decisional duty to assist errors. The Board requests a retrospective medical opinion regarding the severity of his lumbar spine disability, left lower extremity radiculopathy, and status post laminectomy scar during the period from February 22, 2012, to October 25, 2020.

The Veteran's service-connected disabilities, including lumbar radiculopathy, low back pain, spinal stenosis, and bipolar disorder, require regular aid and attendance. The Board has granted entitlement to special monthly compensation based on the need for regular aid and attendance.

The Veteran's service-connected disabilities render her in need of the regular aid and attendance of another person, with all reasonable doubt resolved in her favor.

The Veteran's back disability was not productive of unfavorable ankylosis or bed rest, and the reduction from 40% to 20% is granted.,The reduction from 40% to 20% for radiculopathy in both lower extremities is granted. The Veteran's symptoms most nearly approximated moderate incomplete paralysis of the sciatic nerve throughout the period on appeal.

The Veteran's claim for higher ratings on his back disability, left hip disabilities, and lower extremity nerve radiculopathy were denied. The postoperative back scar was also denied.

The Veteran's service-connected diabetes mellitus type II and diabetic peripheral neuropathy, left lower extremity, sciatic nerve were found to not warrant higher disability ratings as the evidence did not show that regulation of activities was required for either condition.