Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection and increased rating have been remanded due to procedural errors and the need for additional medical opinions.

The Board has determined that the Veteran's migraine headaches are related to her service-connected cervical spine degenerative disc disease, but not directly. The Board is remanding for further examination and opinion regarding whether her migraines were aggravated by or caused by her lumbosacral strain or bilateral upper extremity radiculopathy.

The Veteran's persistent depressive disorder with anxious distress is not rated more than 30 percent, as the evidence does not show occupational and social impairment with reduced reliability and productivity.,Left lower extremity radiculopathy is not rated more than 20 percent, as the symptoms do not meet criteria for a higher rating based on incomplete paralysis of the sciatic nerve.,Lumbosacral strain with IVDS and L4-L5 herniated intervertebral disc does not warrant an initial rating more than 10 percent due to combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees.

The Board has granted effective dates of August 17, 2020 for the award of service connection for lumbar spine degenerative arthritis, right sciatic nerve radiculopathy, and right femoral nerve radiculopathy. The decision is based on the Veteran's timely submission of a complete claim within one year of receipt of an incomplete application form.

The Veteran's claims for increased ratings for his low back and bilateral sciatic/femoral radiculopathy were denied. The current rating of 20 percent for chronic lumbar syndrome, status post L4-5 lumbar discectomy/fusion with degenerative arthritis from February 14, 2019, to March 10, 2020, was maintained.

The Board has decided to remand the Veteran's claims for a thoracolumbar spine disability including radiculopathy of both lower extremities due to insufficient evidence and need for further examination.

The Veteran's claims for service connection for erectile dysfunction, left hip disability, and right hip disability were denied due to lack of new and relevant evidence.,Claims for service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have been granted based on the submission of new and relevant evidence.

The reduction in disability rating for the Veteran's right lower extremity sciatic radiculopathy from 40 percent to 0 percent was improper. The Board restored the 40 percent rating, effective April 6, 2022.

The Board has denied service connection for various conditions, including allergic rhinitis, sinusitis, radiculopathy affecting both lower extremities, bilateral plantar fasciitis, heel spurs, pseudo folliculitis, ankle disorders, shoulder disorder, cervical spine disorder, jock itch, adjustment disorder with anxiety, acid reflux, athlete's foot and toenail fungus, and epiphora. The Board found no current diagnoses for these conditions.

The Board has granted service connection for headaches, but the remaining issues of service connection for a neck disability, left upper extremity radiculopathy, right upper extremity radiculopathy, GERD, and allergic rhinitis are remanded.,Additional medical records from Kaiser Permanente must be obtained. The Veteran's neck condition and associated symptoms need to be evaluated by VA, as the current opinion is inadequate.

The Board has dismissed the Veteran's appeals for service connection of left and right lower extremity radiculopathy of the sciatic nerve due to withdrawal by his authorized representative.

The Veteran's service-connected diabetes mellitus and diabetic peripheral neuropathy have been remanded for further evaluation as the current ratings are not sufficient to reflect the severity of his disabilities.

The Veteran's appeals for increased disability ratings in excess of 20 percent for his service-connected lower extremity radiculopathies have been dismissed due to the death of the Veteran.

The Veteran is granted a TDIU effective from January 1, 2012, as his service-connected disabilities precluded him from securing and following a substantially gainful occupation.

The Board has decided to remand the case due to a lack of an adequate VA examination and opinion regarding the Veteran's right leg nerve disability, specifically whether it is related to his service-connected low back disability.

An effective date of February 10, 2016, is granted for service connection of right leg sciatic radulopathy as a complication of the service-connected lumbar spine condition.,From April 1, 2010, an increased disability rating of 40 percent for back condition (status post right L5-S1 hemilaminotomy, medial partial facetectomy, foraminotomy, osteophytectomy, and discectomy) is denied.,From December 5, 2017, a disability rating greater than 20 percent for left leg sciatic radulopathy is denied.

The Board has remanded the case for further examination and opinion regarding the Veteran's primary anemia claim. The acute bursitis with chronic sciatic pain claim remains denied.

The Board has granted earlier effective dates of March 18, 2020 for the awards of service connection for right and left upper extremity radiculopathy, a 10 percent rating for right and left knee strains with patellofemoral pain syndrome, and a 50 percent rating for headaches.

The Board has remanded the claims for service connection for obstructive sleep apnea, increased ratings for back disability and left lower extremity radiculopathy. The Veteran's back disability is currently rated at 40 percent, while his LLE radiculopathy is rated at 20 percent.

The Board has remanded the case due to an inadequate VA examination and opinions, which did not address whether the September 2013 flu shot caused additional disability or if VA was negligent in administering it. The Veteran's assertions of left arm pain after the flu shot are considered credible.