Radiculopathy & sciatica decisions — 2024

The Board denied an earlier effective date for the grant of service connection for left lower extremity sciatic radiculopathy and denied a higher initial rating for right lower extremity radiculopathy, while remanding the claim for service connection for traumatic brain injury.

The Board denied service connection for right ankle, left ankle, back, and left knee disabilities as they were not etiologically related to the Veteran's active service or secondary to a service-connected condition.

The Veteran's claims for increased ratings for PTSD with major depressive disorder and left lower extremity radiculopathy are being remanded due to the need for additional development, including obtaining VA examination records and private treatment records.

The Veteran's GERD is granted service connection. Service connection for cellulitis and folliculitis is denied as there is no current disability. Service connection for bilateral lower extremity radiculopathy is denied as there are no signs or symptoms of the condition.

For the period on appeal prior to April 7, 2021, the Veteran's PTSD was granted a 70 percent disability rating.,Service connection for left and right lower extremity sciatic radiculopathy were also granted as secondary to service-connected lumbar spine conditions.

The Board denied the Veteran's claims for earlier effective dates for the award of service connection for cervical spine disability, radiculopathy in both upper extremities, and residuals of head injury, as well as an earlier effective date for TDIU benefits.

The Veteran's claim for special monthly compensation based on loss of use of both lower extremities is being remanded due to the AOJ not considering it in the October 2020 rating decision.

The Board remands the claims for service connection as the Veteran was not provided with adequate VA examinations and medical opinions regarding the etiology of his claimed disabilities.

The Veteran's service-connected disabilities alone do not render him unable to secure and follow substantially gainful employment, as he is capable of at least sedentary work.

The Veteran's claim for a higher rating for somatic symptom disorder is denied as his disability does not meet the criteria for a higher rating.,The Veteran's claims for higher ratings for lumbar spine DDD, left and right lower extremity radiculopathy, and gastritis are remanded due to inadequate medical opinions in the original decision.,The Veteran's claim for a compensable rating for gastritis is also remanded.

The Board has granted service connection for radiculopathy of the left and right lower extremities as secondary to the Veteran's service-connected thoracolumbar degenerative arthritis with intervertebral disc syndrome (IVDS) and spinal stenosis, effective October 3, 2017.

The Board denied service connection for right knee osteoarthritis, obstructive sleep apnea, a bilateral hip disability, and bilateral lower extremity radiculopathy as there was no evidence of an in-service injury or disease, and the conditions were not shown to be related to service.

The Veteran's claim for service connection for tinnitus was denied. The Board found that the evidence did not support a finding of current disability related to military service.,The reduction in rating from 10 percent to noncompensable for right lower extremity radiculopathy was improper and the 10 percent rating is restored.

The Board has granted service connection for right and left lower extremity radiculopathy with an effective date of March 22, 2010.

The Veteran's service connection for hypertension is granted. The initial rating for diabetes was increased to 40 percent effective July 1, 2021, and the earlier effective date claim for TDIU is remanded.

The Board has denied service connection for various conditions including right hand condition, right wrist condition, right lower sciatica, left lower sciatica, neck condition, and fibromyalgia. The Veteran's acquired psychiatric disorder (including persistent depressive disorder with anxious features) is granted.

The Board has granted an effective date of November 16, 2010 for the Veteran's service-connected left femoral nerve radiculopathy. The earliest claim for this condition was filed on November 16, 2010.

The Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are currently rated at 20 percent each. The Board finds that the evidence does not support a higher rating for any of these conditions.,The Veteran's back disability is rated under DC 5242, which requires forward flexion to be limited to 15 degrees or less. The December 2021 VA examination did not find such limitation and found no additional functional loss due to pain, fatigue, weakness, lack of endurance, or incoordination.,The Veteran's bilateral lower extremity radiculopathy is rated under DC 8512 for the minor extremity. The December 2021 VA examination did not find any evidence of severe incomplete paralysis and found no additional functional loss due to pain, fatigue, weakness, lack of endurance, or incoordination.

The Veteran's claims for loss of female sexual arousal, short term memory loss, arthritis of neck/neck condition, sciatic nerve conditions (left and right lower extremities), and hysterectomy are all denied as there is no evidence of a current disability or connection to service.,There is no medical evidence showing the Veteran has any of these conditions at present. The Board finds that her claims for loss of female sexual arousal and short term memory loss cannot be granted because she does not have a current disability.

The Board has granted an earlier effective date of February 1, 2005 for the grant of service connection for bilateral lower extremity radiculopathy due to a finding of clear and unmistakable error in a July 2005 rating decision.