Radiculopathy & sciatica Board decisions

The Board has determined that the Veteran's current low back disability and bilateral lower extremity radiculopathy had their onset during his active-duty service, thus granting service connection for these conditions.

The Board has granted an effective date of December 20, 2022, for the grant of service connection for right lower extremity radiculopathy.

The Veteran's radiculopathy of the right lower extremity is granted a disability rating of 40 percent, but no higher. The initial compensable rating for hypertension and TDIU are also granted.

The Veteran's lumbar spine disorder, right and left lower extremity radiculopathy, and right and left knee disorders have been granted ratings and effective dates as specified. TDIU was granted from January 23, 2020 onwards.

The Veteran's initial ratings for RLE and LLE radiculopathy of the sciatic nerve were reduced from 40% to 20%, but these reductions are void ab initio. The Veteran's initial ratings for RLE and LLE radiculopathy of the femoral nerves remain at 20%. Initial higher ratings for both conditions are denied.

The Veteran's appeal for a higher rating for right lower extremity sciatic radiculopathy is dismissed as the issue was previously adjudicated on the merits in December 2023 and no new evidence or arguments have been presented.

The Veteran's service connection claims for BPH, headaches, cervical strain, left upper and right upper extremity radiculopathy have been granted. A separate 40 percent rating has been assigned for the Veteran's lumbar spine disability.

The Veteran withdrew his appeals for all six service connection claims, including erectile dysfunction, GERD, insomnia, IBS, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's claim for a clothing allowance in 2020 was denied because shoes, which are not classified as articles of clothing by VA, were used due to service-connected disabilities. The Board found that the use of open-back shoes did not qualify under the criteria set forth in 38 C.F.R. § 3.810(a).

The Veteran's PTSD was granted a 100% disability rating effective June 8, 2020. The appeal for earlier effective dates for the service-connected disabilities is denied.

The Board has dismissed the appeal for hearing loss and granted service connection for right elbow condition. The remaining issues of left elbow, cervical spine, left hand, right hand strain, left shoulder, lumbar spine, left lower extremity radiculopathy (sciatica), right lower extremity radiculopathy (sciatica), movement disorder of the leg, movement disorder of the foot, and bilateral plantar fasciitis are remanded for further development.

The Veteran's service-connected disabilities rendered her unable to secure and follow a substantially gainful employment for the periods on appeal prior to May 2, 2020, and after June 1, 2020. For the period from March 2, 2020, to June 1, 2020, she was in receipt of a 100 percent schedular rating for total left wrist fusion.

The Board has decided that the Veteran's claim for service connection for a low back disability should be remanded due to a duty to assist error. The AOJ must afford the Veteran an examination and provide an opinion on whether her current back disabilities are related to active service, including reported in-service events.

The Veteran's SMC(l) was granted based on his service-connected prostate cancer, metastatic cancer of the back, ribs, and pelvis, and metastatic cancer of the lymphatic system. The Board found that he has additional disabilities independently ratable at 50 percent or more, including RUE peripheral neuropathy, diabetes with erectile dysfunction, LLE peripheral neuropathy, sciatic nerve, RLE peripheral neuropathy, femoral nerve, left knee arthritis, right knee arthritis, and right clavicle fracture residuals. The Veteran is now entitled to SMC(m 1/2) based on these additional disabilities.

The Veteran's lumbar strain, with grade I spondylolisthesis at L5-S1 and multilevel disc disease is rated at 40 percent. The Board finds no evidence of ankylosis or other conditions warranting a higher rating.,Left lower extremity radiculopathy is currently rated at 10 percent. The Board found the Veteran's symptoms to be mild, not meeting the criteria for moderate incomplete paralysis.

The Veteran's claims for increased ratings are being remanded due to the failure to obtain private treatment records and the need to consider the effects of medication on his disability evaluations.,There is inconsistency in the Veteran's employment history, which must be addressed to ensure accurate information for the TDIU claim.

The appeal for increased ratings for cervical degenerative arthritis with intervertebral disc syndrome (IVDS) and cervicalgia, as well as cervical radiculopathy of the upper left extremity, is remanded due to pre-decisional duty to assist errors.

The Board has denied the Veteran's claims for service connection for lower back condition, left leg radiculopathy, and right leg radiculopathy as secondary to a lower back condition. The evidence did not support a finding that these conditions were incurred in or caused by military service.

The Veteran's claims for service connection and increased ratings have been dismissed. The Board has also remanded the case to obtain VA examinations and opinions regarding the etiology of his claimed disabilities.

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.