Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claims for diabetes mellitus, type II and associated peripheral neuropathy due to outstanding medical records that need to be obtained and reviewed by a VA examiner.

The Veteran's lumbar degenerative disc disease with radiculopathy of the right leg is being remanded for further review due to incomplete medical records and an inadequate examination.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 10% prior to January 26, 2012, and at 20% since March 1, 2012. The left lower extremity radiculopathy, cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy were all rated at 20%. An effective date prior to November 3, 2011, for the increased evaluation of lumbar spine disability was denied. The extension of a temporary total rating for convalescence following lumbar spine surgery beyond March 1, 2012, was also denied.

The Veteran's appeal for a higher rating for his service-connected left shoulder dislocation with rotator cuff tear, lumbar spine disc disease, and related conditions was denied. The Board found that the current ratings adequately reflected the severity of these disabilities.

The Veteran's claims for service connection for left lower extremity radiculopathy and foraminal stenosis and degenerative disc and joint disease of the lumbar spine have been granted with an effective date of July 8, 1994.

The Board has reopened the claims for service connection for a back disability and hemorrhoids, but has determined that further development is needed to address the remaining issues of service connection for lumbosacral spine disability, left leg disability (including radiculopathy and leg shortening), forehead scar, and psychiatric disability. The decision on these issues will be remanded.

The Veteran's lumbar strain is rated at 40 percent and no higher, with separate ratings of 10 percent for radiculopathy of the right lower extremity from June 23, 2010, and for radiculopathy of the left lower extremity from that date. The Veteran's pseudofolliculitis barbae is rated at a non-compensable level.

The Board has remanded several issues related to the Veteran's service connection claims due to additional evidence being added to the record.

The Board denied the Veteran's claims for increased ratings for his service-connected right and left lower extremity radiculopathy, finding that the evidence did not support ratings in excess of the current 20 percent disability ratings.

The Veteran's service-connected disabilities, including right lumbar radiculopathy, left lower extremity radiculopathy, lumbar strain, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has referred the case for extra-schedular consideration as it may be sufficient to warrant an extraschedular TDIU.

The Veteran's claims for increased ratings for his low back disability and associated radiculopathy were denied. The criteria for higher ratings were not met in any of the periods specified.

The Board has determined that the Veteran's low back disability and bilateral lower extremity radiculopathy were not caused by VA clinicians' improper diagnosis or lack of treatment, but rather were due to a reasonably unforeseeable event during surgery. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Veteran's back disability, radiculopathy of the left and right lower extremities, and right shoulder disability are all granted as service-connected.,Service connection for a psychiatric disability is not established.

The Board has remanded the case due to insufficient medical evidence on whether the Veteran's current numbness in her hands is related to service. The VA examiner needs to provide an opinion regarding the cause of the Veteran’s hand numbness and its relation to service.

Service connection has been granted for cervical spine disability, right and left upper extremity radiculopathy. Service connection is denied for hypertension.,An increased rating of 20 percent for left lower extremity radiculopathy before March 23, 2020 was granted.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.,Specifically, the Board is requesting that SSA provide any underlying medical records used in their March 2012 decision on the Veteran's right lower extremity radiculopathy claim.

The Veteran's neck disability was granted a 30 percent rating prior to November 27, 2019.,A higher rating for the neck disability is denied from November 27, 2019 onwards.

The Board has decided to remand the case due to insufficient development, including a need for additional medical opinions regarding the Veteran's sciatic nerve and sacroiliac joint disorders.

The Veteran's TDIU and DEA benefits were granted effective June 10, 2018, as she met the criteria for a permanent and total service-connected disability at that time.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's right upper extremity disability, including his hand and wrist conditions. The case will be returned for further development.