Radiculopathy & sciatica decisions — 2024

The Board has denied the Veteran's claims for service connection for lumbar spine condition, lower left extremity sciatica, acquired psychiatric disorder (to include depression and anxiety), erectile dysfunction, and hypertension. The evidence does not support a finding that any of these conditions began during or are otherwise related to active service.

The Veteran's effective date for the award of service connection for radiculopathy of the left lower extremity is granted as November 12, 2014.,The Veteran's appeal regarding a disability rating in excess of 10 percent prior to March 6, 2017 for the right lower extremity radiculopathy has been dismissed due to a claims processing rule deficiency.

The Board granted service connection for a low back disability and cervical spine disability, to include bilateral upper extremity radiculopathy.

The Veteran's claims for service connection and rating of various conditions are being remanded due to insufficient evidence in the record.

The Board granted an effective date of March 22, 2017, for the award of service connection for radiculopathy of both lower extremities but denied increased ratings for these conditions and remanded a claim for a higher rating for degenerative disc disease of the lumbar spine.

The Board has identified pre-decisional error in the rating decision and has ordered a remand to obtain a VA examination that complies with Correia v. McDonald, 28 Vet. App. 158 (2016), for evaluation of the Veteran's service-connected conditions.

The Veteran's tinnitus claim is remanded due to the inadequate September 2019 VA opinion regarding secondary service connection.,The Veteran's cryptogenic stroke and essential tremor with radiculopathy of the lower extremities claims are remanded due to the need for a TERA specific VA examination under PACT Act provisions.

The Board has granted service connection for lumbar radiculopathy of the left and right lower extremities, as well as female sexual arousal disorder, both found to be secondary to service-connected psychiatric disabilities.

The Board denied a compensable rating for ingrown toenails, right 5th toe dermatophytosis and left knee patellofemoral pain syndrome, granted a 20 percent rating for radiculopathy involving the sciatic nerve of the left lower extremity effective October 31, 2021, and denied compensable ratings for scars of the left forearm and ankle as well as an initial rating in excess of 30 percent for bilateral pes planus with plantar fasciitis.

The Veteran's back disability, diagnosed as degenerative arthritis of the spine, degenerative disc disease, spondylosis of the spine, and intervertebral disc syndrome (IVDS), is granted.,The Veteran's left upper neuropathy is related to his in-service exposure to herbicide agents and is granted.,The Veteran's right upper neuropathy is related to his in-service exposure to herbicide agents and is granted.,The Veteran's right lower radiculopathy, causally due to his service-connected back disability, is granted.,The Veteran's left lower radiculopathy, causally due to his service-connected back disability, is granted.

The Board remands the issues of entitlement to initial ratings in excess of 20 percent for radiculopathy of the femoral nerve and in excess of 10 percent for radiculopathy of the sciatic nerve of both lower extremities, as additional development is necessary.

The Veteran's appeal for service connection for malignant skin neoplasm is dismissed. The Board has remanded the issues of service connection for neck condition and spine condition.

The Board denied the Veteran's claim for service connection of left lower extremity radiculopathy as there is no diagnosis of this condition and no evidence of functional impairment.

The Veteran's migraine headaches and bilateral lower extremity radiculopathy are granted as service connected.,The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy are granted as service connected.

The Board dismissed the Veteran's appeals to prevent the severance of service connection for Charcot Marie Tooth affecting various nerves in different extremities.

The Veteran's claims for increased ratings for major depressive disorder and left lower extremity lumbar radiculopathy are being remanded due to a failure to obtain relevant medical records from the Carilion Roanoke Memorial Hospital. These records could have significant impact on the rating decisions.

The Veteran's claims for increased ratings for his lumbosacral strain, lumbar spondylosis, degenerative disc disease, bilateral lower extremity radiculopathy, and bilateral knee disabilities are being remanded due to inadequate examination reports. The VA will conduct new examinations to assess the severity of these conditions during the rating period.

The Veteran's claim for service connection for a skin disability has been readjudicated and may be granted with the submission of new evidence.,Service connection for a back disability is denied as there is no evidence showing it was incurred in or aggravated by service, and the condition did not manifest within one year post-service.,Service connection for bilateral lower extremity radiculopathy is denied due to lack of evidence linking the condition to service.

The Board has remanded the claims for an initial rating in excess of 10 percent for DDD of the lumbar spine prior to May 6, 2016 and for effective dates prior to February 27, 2019 for radiculopathy ratings.

The Veteran's claims for higher ratings for left and right lower extremity radiculopathy, bilateral hearing loss, adjustment disorder with depressed mood, and tinnitus have been denied.,A compensable evaluation for hemorrhoidectomy with pruritus ani has also been denied.