Radiculopathy & sciatica decisions — 2024

The Board has decided to remand the case due to inadequate medical examination regarding the Veteran's need for aid and attendance based on his service-connected disabilities.

The Board granted service connection for the Veteran's low back disability, right knee disability, and left lower extremity radiculopathy with effective dates of January 30, 2009.,The Veteran's LLE radiculopathy was associated with his service-connected low back disability.

The Veteran's radiculopathy of the right upper extremity is not productive of the equivalent of complete paralysis or moderate/severe incomplete paralysis, and thus a rating in excess of 20 percent is denied.

The Veteran's initial compensable rating for left lower extremity radiculopathy is denied prior to May 24, 2019. The appeal period from May 24, 2019, results in a remanded case as the current 10 percent evaluation does not reflect moderate incomplete paralysis.,The Veteran's initial rating for degenerative arthritis of the thoracolumbar spine is also remanded due to procedural errors and the need for an updated VA examination.

The Veteran's heart disability claim was dismissed as moot due to the grant of service connection in a prior decision.,An initial 40 percent rating for urinary incontinence is granted, effective May 8, 2020.

The Board has determined that the AOJ did not properly address the Veteran's earlier effective date claims for service connection and remands these issues.

The Board has granted earlier effective dates of July 13, 2017 for the grant of service connection for TMJ, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's cervical strain with degenerative disc disease was reduced from 20 percent to 10 percent, but the appeal for restoration of the 20 percent evaluation is granted. The Veteran's left lower extremity radiculopathy (femoral and sciatic nerves) are each rated at 20 percent.

The Board has remanded the claim for payment or reimbursement of ambulance transportation provided by City of Wilkes-Barre on May 19, 2020, under 38 U.S.C. § 1728 due to inadequate notice and development.

The Veteran's TDIU for PTSD is granted, and he also receives SMC Housebound based on his combined disability rating of 100 percent.

The Veteran's claim for radiculopathy of the right lower extremity was granted with an effective date of August 20, 2020. The disability had been continuously pursued since that date.

The Board has determined that the effective date for the TDIU award should be remanded to allow for extraschedular consideration due to the Veteran's service-connected low back pain, bilateral lower extremity radiculopathy, and right knee disabilities.

The Veteran's heart disability, respiratory disability, diabetes mellitus, and various peripheral neuropathies and radiculopathies are not service-connected. The cervical spine disability is also denied.

The Veteran's sciatic nerve radiculopathy in both lower extremities has been rated at 20 percent for the right leg and 10 percent for the left leg. The Board denied higher ratings as his symptoms do not meet or approximate the criteria for a disability rating higher than 20 percent for RLE radiculopathy, and higher than 10 percent for LLE radiculopathy.

The Board has remanded the claims of service connection for lumbar spine condition and bilateral lower extremity radiculopathy due to inadequate examination based on the Veteran's medical records from Kaiser Permanente.

The Veteran's appeals for effective dates prior to March 2, 2021, have been dismissed as the appellant (via his authorized representative) has requested withdrawal of these claims.

The Board has remanded the claims of service connection for cervical spine spondylosis, right upper extremity radiculopathy, and left upper extremity radiculopathy due to a duty to assist error in the previous examination.

The Veteran's appeal for increased disability ratings for urinary frequency, bilateral lower extremity neuropathy disabilities, and left lower extremity diabetic peripheral neuropathy is dismissed due to the invalidity of his July 2019 Notice of Disagreement.

The Veteran's claim for an earlier effective date for SMC based on aid and attendance is being remanded due to missing private treatment records from Dr. S.M. at South Shore Medical Center, which are necessary for a complete evaluation of the Veteran's condition.

The Veteran's claim for TDIU is being remanded due to the submission of new evidence that may affect his eligibility. The AOJ needs to verify his employment history and provide him with a TDIU application form.