Radiculopathy & sciatica decisions — 2024

The Veteran's left and right lower extremity sciatica are rated at 20 percent each, corresponding to moderate incomplete paralysis of the sciatic nerve. The decision grants these ratings.

The Veteran's claims for increased ratings for lumbar spine disability and lower extremity radiculopathy prior to January 25, 2022 are dismissed as the March 31, 2022 VA Form 10182 was not interpreted as an opt-in to the modernized system.

The Veteran's PTSD is rated at 30 percent, and the Board has remanded for further evaluation due to occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The lumbar spine disability remains at 40 percent, RLE radiculopathy at 20 percent, LLE radiculopathy at 10 percent, and RLE femoral nerve radiculopathy at 10 percent.

The Veteran's claims for cervical spine condition, bilateral upper extremity radiculopathy, and anxiety disorder were granted with effective dates of June 26, 2020.,An earlier effective date request for the 70% evaluation for unspecified anxiety disorder was denied.

The Veteran's appeal for service connection for bilateral hip limitation of flexion, extension, and abduction is granted. However, the attorney S.P. is not eligible to direct payment of fees based on past-due benefits awarded in the March 2021 rating decision.

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.

For the period from December 27, 2018 to February 10, 2021, the Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation.,For the period from February 10, 2021, the Veteran's combined disability rating is 100%, and he has been granted TDIU due to his severe cervical spine condition.

The Board has remanded the claims for lumbar spine disability and radiculopathy of both lower extremities due to duty-to-assist errors prior to the December 2021 decision on appeal. The Veteran's current disabilities are conceded, but there is insufficient evidence to establish a nexus between his service-connected conditions or in-service symptoms.

The Board has remanded the Veteran's claims for increased ratings due to inadequate retrospective medical opinions provided by VA examiners. The Veteran is required to provide additional information regarding his lumbar spine IVDS with degenerative arthritis, left wrist CTS with left upper extremity radiculopathy, and bilateral lower extremity radiculopathy.

The Veteran's low back disability is now rated at 40 percent, effective from the entire appeal period.,Radiculopathy of the left lower extremity (LLE) and right lower extremity (RLE) are both rated at 10 percent prior to February 27, 2017.

The Board has granted service connection for radiculopathy of the left leg, but denied service connection for right and left knee disabilities.

The Veteran's appeal of the proposed reduction in his disability rating for service-connected radiculopathy of the left lower extremity from 60 percent to 20 percent is dismissed.

The Veteran's headaches and PTSD were rated at 50% and 70%, respectively, effective August 19, 2019. The Veteran is seeking earlier effective dates for these ratings.,The Veteran was granted service connection for sciatica in the right lower extremity effective August 19, 2019.

The Board has granted an increased rating of 40 percent for radiculopathy, right upper extremity, but not higher. The Veteran's disability is currently rated as moderate in severity.

The Board has granted service connection for degenerative disc disease other than IVDS, left lower extremity femoral nerve radiculopathy, and right lower extremity femoral nerve radiculopathy with effective dates of June 24, 2019.,However, the Veteran's claims for earlier effective dates for the grant of service connection for these conditions are denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current muscle disability, and the Veteran's right leg pain is attributed to his service-connected radiculopathy.

The Board grants the Veteran's claims of entitlement to service connection for his lumbar spine, left knee, and obstructive sleep apnea disabilities as secondary to his service-connected right knee disability.

The Veteran's ratings for lumbosacral strain and right lower extremity radiculopathy are restored to 20 percent. The claims of service connection for left hip disability, right hip disability, and urinary incontinence are remanded.

The Veteran's claims for effective dates prior to February 26, 2014 and July 27, 2009 for service connection were denied as the evidence did not support a claim within one year of discharge.,The Veteran's claims for effective dates prior to July 27, 2009 for degenerative arthritis of the spine and IVDS and lumbar radiculopathy of the right lower sciatic nerve associated with degenerative arthritis of the spine were denied as there was no evidence of a claim within one year of discharge.,The Veteran's claims for effective dates prior to February 26, 2014 for service connection for lumbar radiculopathy of the left lower sciatic nerve associated with degenerative arthritis of the spine and IVDS were denied as there was no evidence of a claim within one year of discharge.

The Board has remanded the Veteran's claims for service connection for low back disability and sciatica due to incomplete development of his military records, including those from National Guard service. The claims are being returned for further investigation into whether the Veteran incurred or aggravated a low back condition during active duty.