Radiculopathy & sciatica decisions — 2024

The Veteran's claim for service connection for ingrown toenail is denied as there is no current diagnosis of the condition.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for testicular hypofunction is denied due to lack of evidence showing VA treatment caused or worsened his condition.,The Veteran's claim for an increased disability rating for hypertension is denied as there is no current diagnosis of a heart condition.,The Veteran's claims for service connection for left and right lower external cutaneous radiculopathy are remanded due to insufficient evidence.,The Veteran's claim for an increased disability rating for GERD is denied as the condition does not meet the criteria for a compensable rating.

The Board has remanded the Veteran's claims for service connection for radiculopathy of the left and right lower extremities, as secondary to a back disorder. The claims are inextricably intertwined with his claim for service connection for a back disorder.

The Veteran's cervical spine strain and sprain are related to service, while the low back disability is currently rated at 20 percent. The right lower extremity radiculopathy is not rated higher than 10 percent.,The Board found that the evidence does not support an evaluation in excess of 20 percent for the Veteran's low back disability.

The Veteran's bilateral lower extremity sciatic and femoral radiculopathy have been granted service connection, but the effective dates for these conditions are being remanded due to a duty-to-assist error.

The Veteran withdrew her appeal, resulting in dismissal of all service connection claims for various knee and radiculopathy conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to pre-decisional errors in obtaining his VA, private, and VR&E treatment records. These records may show that his service-connected disabilities were more severe during the period on appeal.

The Veteran's service-connected disabilities, including lumbosacral strain, right lower extremity lumbar radiculopathy, right hip arthritis, and right knee arthritis, have rendered him unable to secure or follow substantially gainful employment since March 16, 2021. His TDIU is granted with an effective date of March 16, 2021.

The Veteran's reduced ratings for left knee degenerative arthritis (limitation of flexion), left lower extremity radiculopathy, right lower extremity radiculopathy, and right lower extremity radiculopathy (femoral nerve) have been reinstated.,The Veteran's reduced ratings for left knee degenerative arthritis (limitation of flexion), left lower extremity radiculopathy, right lower extremity radiculopathy, and right lower extremity radiculopathy (femoral nerve) have been reinstated.,The Veteran's reduced ratings for left knee degenerative arthritis (limitation of flexion), left lower extremity radiculopathy, right lower extremity radiculopathy, and right lower extremity radiculopathy (femoral nerve) have been reinstated.,The Veteran's reduced ratings for left knee degenerative arthritis (limitation of flexion), left lower extremity radiculopathy, right lower extremity radiculopathy, and right lower extremity radiculopathy (femoral nerve) have been reinstated.

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.

The Veteran's claims for increased ratings for left and right lumbar radiculopathy, as well as his right shoulder disability, are being remanded due to the need for further consideration of the evidence.

The Veteran's service-connected disabilities did not render him unemployable prior to August 10, 2022. Beginning August 10, 2022, his combined disability rating is 100 percent and the issue of TDIU is dismissed as moot due to the presence of other service-connected disabilities.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a failure to submit a completed VA Form 21-526 within one year of her intent to file, despite receiving multiple notices and opportunities.

The Veteran's increased rating claims for lumbosacral strain, left and right lower extremity radiculopathy, and femoral nerve conditions have been denied. The issues were remanded due to procedural errors.

The Veteran withdrew his appeal regarding the service connection claims for low back condition and sciatica left leg.

The Board has decided to remand the Veteran's claims for higher disability evaluations and TDIU due to additional development being required. The issues include increased ratings for lumbar spine conditions and radiculopathy of the right lower extremity, as well as a claim for TDIU.

The Board has remanded the case for a new VA examination to assess the Veteran's back disability, as the January 2023 VA examination was inadequate. The Veteran is currently in receipt of increased ratings for bilateral lower extremity radiculopathy of the sciatic and femoral nerves.

The Board has remanded the case due to a pre-decisional duty to assist error in the VA examination and opinion provided for the Veteran's radiculopathy.

The Veteran's back condition with sciatica to include neuralgia is related to his in-service duties and the Board has granted service connection for this condition.

The Veteran's gastroesophageal reflux disease is granted a 30 percent rating. The ratings for his left and right lower extremity radiculopathy and diabetic peripheral neuropathy are denied.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use of both arms and legs, finding that his conditions did not meet the criteria for SMC(k), SMC(l), or any other applicable rating.