Radiculopathy & sciatica decisions — 2024

The Board has granted service connection for various conditions, including degenerative arthritis of the cervical and lumbar spine, right and left knee conditions, migraines, benign paroxysmal positional vertigo with dizziness and staggering, urinary dysfunction, bilateral upper and lower extremity radiculopathy, and bilateral pes planus with degenerative arthritis. The Veteran's statements and medical opinions supported these findings.

The Veteran's left and right lower extremity radiculopathy are currently rated at 10 percent each, but the Board finds that they do not warrant a higher rating as their severity does not meet or approximate the criteria for a higher rating.,The reduction in the disability rating from 40 percent to 20 percent for service-connected neuropathy of the right upper extremity was proper.

The Veteran's claim for an earlier effective date prior to June 9, 2020, for a 20% rating for his back condition was denied.,Claims for initial ratings in excess of 10 percent for radiculopathy of the left and right sciatic nerves prior to September 10, 2020, were also denied.,The Veteran's claim for increased ratings for radiculopathy of the left and right sciatic nerves beginning on September 10, 2020, was granted with a 20% rating.

The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent. The Board has denied a higher rating for this condition as it is not available under applicable regulations. For TDIU, the Veteran's combined service-connected disability rating since November 2, 2015 meets the percentage requirements and he is found to be unemployable due to his service-connected disabilities.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine, right and left lower radiculopathy caused his obesity, which in turn led to obstructive sleep apnea. The Board granted entitlement to service connection for obstructive sleep apnea.

The Board has granted service connection for lumbosacral strain (back condition) and bilateral lower extremity radiculopathy (sciatica), finding that these conditions are proximately due to the Veteran's service-connected feet, ankle, and/or knee conditions.

The Veteran's service connection claims for lumbosacral strain, right and left lower extremity radiculopathy involving the femoral nerve, and sciatic nerves were granted effective from February 28, 2019.

The Veteran's bilateral lower extremity radiculopathy is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's disability rating for radiculopathy of the left lower extremity was reduced from 20 percent to 0 percent, but this decision is void ab initio due to improper reduction. The rating has been reinstated at 20 percent effective November 1, 2023.

The Veteran's appeal is remanded for additional VA examinations to determine the severity of his service-connected lumbar spine, bilateral lower extremity radiculopathy and bilateral pes planus conditions prior to December 22, 2020.

The Veteran's appeals for various disability ratings and benefits have been dismissed due to his death during the pendency of the appeal.

The Veteran's right femoral radiculopathy and left sciatica are being remanded for further evaluation. The Veteran also has a history of right sciatica, which is currently under review.

The Veteran's claims for earlier effective dates prior to October 14, 2020, for service connection were denied as the new evidence received after the November 2012 rating decision was not relevant to his claim.

The Veteran's claims for service connection for left ear hearing loss, hypertension, chronic obstructive lung disease, right upper extremity radiculopathy, left upper extremity radiculopathy, and residuals of a right foot injury are all denied. The Board has remanded the claims for service connection for lumbar spine disorder and bilateral lower extremity radiculopathy.,The Veteran's claim for service connection for a lumbar spine disorder is also remanded.

The Veteran's claims for increased ratings for low back pain with L4-L5 disc protrusion, bilateral radiculopathy, and bilateral knee disabilities were denied as the Veteran refused to report for VA examinations.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment since June 2019, leading to a TDIU effective from June 4, 2020.

The Veteran's left knee, right knee, and back disabilities are all granted service connection.,An effective date of November 4, 2017, is granted for the 10% rating increase for a painful surgical thyroid scar.

The Veteran's spine disability was reduced from 20% to 10%, and his right lower extremity radiculopathy was also reduced from 20% to 10%. The reduction in the rating for intervertebral disc syndrome with degenerative arthritis of the spine is granted, but a higher rating is denied. The reduction in the rating for right lower extremity lumbar radiculopathy (sciatic) is also granted.

The Veteran's appeal is being remanded to obtain additional service records and determine if his sleep apnea is related to military service or obesity, which may be a result of his service-connected disabilities. The issues of entitlement to higher ratings for sciatica peripheral neuropathy and service connection for hearing loss are also being remanded.

The Board has denied the Veteran's claims for service connection for right chronic wrist sprain, left shoulder calcified tendonitis, degenerative arthritis of the cervical spine, and both upper extremity radiculopathies. The evidence does not support a finding that these conditions were incurred or aggravated by service.