Radiculopathy & sciatica decisions — 2024

The Veteran's lumbar spine disability is rated at 40 percent, and his right and left lower extremity sciatic radiculopathy are each rated at 20 percent. These ratings have been granted.

The Board found that the severance of service connection for spinal stenosis, low back pain with degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity was improper due to conflicting medical opinions. The Veteran's conditions were linked to his service-connected myelodysplastic syndrome (MDS) but also potentially related to exposure to contaminated water at Camp Lejeune.

The rating for mild radiculopathy of the right lower extremity was reduced from 10 percent to noncompensable effective June 1, 2004. The earlier effective date of June 1, 2004, for this condition is granted.

The Board has denied the Veteran's request for an earlier effective date for the increased evaluation of lumbar spine strain to 40 percent disabling. The claim of service connection for left lower extremity radiculopathy is remanded due to a duty-to-assist error in the June 2021 VA examination.

The Veteran withdrew his appeal for the claims of service connection for dermatosis, hypertension, sciatic radicular pain of both legs, and restless leg syndrome.

The Veteran's TDIU claim is remanded due to a duty-to-assist error involving missing Social Security Administration (SSA) records. The SSA records are needed to fully assess the Veteran's disability picture and its impact on his employability.

The Board denied the Veteran's claims for service connection for bilateral lower extremity radiculopathy, finding that there was no evidence of a nexus between his current diagnoses and active service or herbicide exposure.

The Veteran's claim for a higher rating for his back disability, right lower sciatic nerve extremity, left lower sciatic nerve extremity, and left ankle osteoarthritis with fracture has been granted. The effective date is not specified as the decision was made in October 2023.

The Board has dismissed the appeals for service connection of cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy as secondary to a service-connected cervical spine disability.

The Veteran's appeals for various disability ratings and effective dates have been dismissed due to the withdrawal of the appeals by the Veteran's authorized representative.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a lumbar/cervical disorder and salivary duct stones is remanded due to the need for further examination to determine causation.

The Veteran's claims for service connection have been granted for the right shoulder disorder. The claims for lumbar spine, left hip, and left lower extremity radiculopathy were denied due to lack of new and relevant evidence.

The Board has determined that the claims for service connection for right upper extremity radiculopathy and bilateral shin splints need to be remanded due to a duty to assist error. The Veteran's VA records, SSA records, and Gulf War examinations are needed to determine if he has these conditions related to his military service.

The Veteran's appeal for increased ratings for right knee chondromalacia and right lower extremity radiculopathy was denied. The Veteran is currently receiving a 10% rating for his right knee condition.

The Veteran's disability ratings for intervertebral disc syndrome, radiculopathy of the right lower extremity, and bilateral upper extremities were restored to their original levels due to procedural errors in reducing these ratings.

The Board has identified inadequate VA examinations and medical opinions in the May 2021 rating decision, which are remanded to obtain a new examination and opinion.

The appeal was dismissed because the appellant requested to withdraw their appeal before a decision could be made.

The Board has determined that the Veteran's RLE radiculopathy is not related to his service-connected spondylosis and/or spondylolisthesis, but rather due to a post-service motor vehicle accident. The Board finds this decision was flawed as it did not consider evidence of pre-existing RLE radicular pain. Therefore, the case is being remanded for further review.

The Veteran's IBS was granted a 30% disability rating, and her right and left lower extremity radiculopathy were each granted 20% disability ratings.

The Board's decision has been vacated due to procedural error, and the appeal is dismissed as a result.