Radiculopathy & sciatica decisions — 2024

The Veteran was granted an earlier effective date of May 26, 2022 for his right sciatic nerve radiculopathy with marked muscular atrophy and left lower extremity radiculopathy.,The Veteran's TDIU claim from May 26, 2022 is also granted.

The Board has decided to remand the case due to a failure to address the Veteran's theory of entitlement involving his service-connected musculoskeletal disabilities and obesity as an intermediate step.

The Board has granted earlier effective dates for the grant of service connection for a back disability and bilateral lower extremity radiculopathy, with the earliest effective date being June 16, 2017.

The Veteran's radiculopathy of the left upper extremity is granted with a 30 percent disability rating, effective from the date of decision.,Service connection for numbness of the left hand is granted.

The Board denied service connection for radiculopathy of the right lower extremity and left lower extremity due to a lack of current disability, as there is no evidence of diagnosed conditions or symptoms related to these conditions.

The Veteran's initial evaluations for right and left lower extremity radiculopathies of the femoral, internal popliteal, sciatic nerves, and major depressive disorder have been granted. The Veteran is also remanded for further evaluation regarding his lumbar spine disability.

The Veteran's cervical strain caused his left and right upper extremity radiculopathy, which is now granted. The claims for nerve pain of the bilateral upper extremities are also granted.

The Veteran's service-connected disabilities, including PTSD, arthritis of the lumbar spine, and various hip and knee conditions, have rendered him unable to perform daily activities without assistance. The Board has determined that he requires regular aid and attendance due to these disabilities.

The Veteran's right and left upper extremity peripheral neuropathy are rated at 20 percent prior to December 22, 2022. Since then, the rating is denied for a higher level of disability.

The Veteran's lumbar spine disability is rated at 40 percent, which is the maximum rating available under the applicable criteria.,RLE radiculopathy has been rated at 20 percent prior to December 10, 2019 and at 40 percent thereafter. The Veteran seeks a higher rating.

The Veteran's appeal for a TDIU prior to April 7, 2022 is remanded due to incomplete employment information from the Portland VAMC.

The Board has remanded the issues of entitlement to service connection for congestive heart failure, bilateral lower extremity condition, a bilateral eye disability, and gastroesophageal reflux disease due to further development being needed.

The Board has remanded the Veteran's claims for higher initial ratings for his lumbar spine disability and lower extremity radiculopathy due to inadequate VA examinations conducted in March 2013, July 2016, March 2019, and June 2022. The AOJ is instructed to schedule the Veteran for a new VA examination to determine the present nature and severity of his lumbar spine disability and lower extremity radiculopathy symptoms.

The Board has granted an effective date of October 25, 2001 for the award of service connection for right lower extremity radiculopathy based on a VA treatment record indicating a worsening of the Veteran's pre-existing condition.

The Veteran's LLE femoral nerve radiculopathy was granted an initial disability rating of 20 percent, effective June 29, 2020. The condition manifested as moderate incomplete paralysis.

The Veteran's tinnitus was granted service connection as it manifested during his period of active-duty service and has continued since.,Service connection for a back disability is remanded due to inadequate prior examination.

The Board has found multiple pre-decisional duty to assist errors and has remanded the claims for further development.

The Veteran's left and right lower extremity radiculopathy affecting the sciatic nerve are now rated at 20 percent each, effective April 30, 2021.

The rating for radiculopathy of the right side femoral nerve was reduced from 10 to 0 percent, but it has been restored. The proposed reduction of lumbar strain evaluation from 40 to 20 percent is dismissed.

The Board denied service connection for left and right upper extremity radiculopathy as secondary to multilevel degenerative disc change in the cervical spine due to lack of a current disability.