Radiculopathy & sciatica decisions — 2024

The reduction of the disability rating for lumbosacral strain with myofascial pain syndrome was not proper, and a 20 percent rating is restored. The issue of service connection for cervical degenerative disc disease with radiculopathy (claimed as neck pain) requires further examination.

The Veteran is granted a TDIU effective August 4, 2022, due to service-connected disabilities that rendered him unemployable.

The Veteran's initial ratings for degenerative arthritis with other intervertebral disc displacement of the lumbosacral region, LLE radiculopathy affecting the femoral nerve, and LLE paresthesia meralgia have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Veteran's appeal regarding the reduction of his right lower extremity sciatic radiculopathy rating from 20 percent to 10 percent is dismissed.

The Veteran's service-connected right and left sciatic radiculopathy have been rated at 40 percent since October 7, 2019.,Effective October 7, 2019, the Veteran is also granted a TDIU due to his service-connected lumbar spine and bilateral lower extremity disabilities.

The Board has denied the Veteran's claims for service connection for a right hand condition with middle finger numbness and BLE radiculopathy secondary to his service-connected low back disability. The decision is based on the lack of current medical evidence supporting these conditions.

The Veteran's low back disability and radiculopathy of the bilateral lower extremities have been granted a 20 percent rating, but no higher. The current ratings are based on the evidence showing forward flexion greater than 30 degrees but not greater than 60 degrees.

The Board has denied the Veteran's claims for an earlier effective date and a higher rating for his service-connected lumbar spine disability, finding that the earliest evidence of left lower extremity radiculopathy was on April 28, 2021. The appeal for these issues is dismissed as it was improperly docketed in a separate appeals stream.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Veteran's service connection claims for sciatic nerve radiculopathy and femoral nerve radiculopathy in both lower extremities were granted with effective dates of November 29, 2010. The Veteran also received an award of Dependents' Educational Assistance (DEA) benefits as his combined disability evaluation was at 100% on that date.

The Veteran's appeal for higher ratings for lumbosacral strain with degenerative arthritis and spinal stenosis, left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (sciatic nerve), and right lower extremity radiculopathy (sciatic nerve) has been dismissed as the issues have already been adjudicated in a separate Board decision.,The Veteran's appeal for earlier effective dates for service connection of left and right lower extremity radiculopathy (sciatic nerve) associated with lumbosacral strain with degenerative arthritis and spinal stenosis has also been dismissed.

The Board has granted service connection for sciatic issues in the left lower extremity as secondary to a service-connected lumbosacral strain.

The Veteran's left shoulder condition claim is dismissed as the AOJ did not readjudicate it.,The Veteran does not have current diagnoses of sciatica, right carpal tunnel syndrome, or left carpal tunnel syndrome.

The Veteran's claim for SMC based on loss of use of the left hand is dismissed as it has already been granted. The Board finds that he meets the criteria for SMC by reason of need for regular aid and attendance due to his service-connected disabilities, including loss of use of the left hand. However, he does not meet the criteria for SMC based on housebound status.

The Veteran's claims for increased ratings of PTSD and IBS have been dismissed as the Veteran withdrew his appeals.,The Veteran was granted service connection for chronic fatigue syndrome, respiratory insufficiency (dyspnea), and migraines. The sciatic radicular pain and paresthesia in both legs were also granted on a secondary basis to their respective service-connected conditions.

The Board has identified several pre-decisional duty to assist errors and remands the claims for hypothyroidism, lower extremity peripheral neuropathy, TDIU, SMC, and DEA. The issues of increased ratings for lower extremity neuropathies are being addressed in conjunction with the hypothyroidism claim.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Veteran requested to withdraw his appeals for increased ratings of migraine headaches, radiculopathy of the left upper extremity, radiculopathy of the right upper extremity, and an anxiety disorder with major depressive disorder. The Board dismissed these appeals as per the Veteran's requests.

The Board has granted service connection for mechanical lower back pain, right knee pain, and radiculopathy of the right lower extremity as secondary to the Veteran's service-connected left knee patellofemoral pain syndrome.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's back disorder and associated LLE radiculopathy. The VA examiner is requested to provide an opinion addressing whether these conditions are related to his active duty service, including any in-service injury during ACDUTRA.