Radiculopathy & sciatica Board decisions

The Board has remanded the service connection claims for a low back disability, bilateral lower extremity radiculopathies, a right ankle disability, and bilateral foot disabilities (including plantar fasciitis) due to pre-decisional duty-to-assist errors concerning potentially relevant outstanding records from Dr. W (a podiatrist) and Dr. VD (an orthopedist).

The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.

The Board denied the Veteran's claims for service connection for back, neck, right upper extremity radiculopathy, and left upper extremity radiculopathy disabilities. The evidence did not support a finding that these conditions were related to service or a service-connected disability.

The Veteran's RLE sciatic nerve radiculopathy is granted a disability evaluation of 40 percent, but no more, for the period from October 4, 2019 to April 19, 2020. The LLE femoral nerve radiculopathy is granted a disability evaluation of 30 percent, but no more, for the same period.

The Board has remanded the Veteran's claims for bilateral lower extremity radiculopathy due to insufficient medical rationale provided in the previous rating decision.

The Veteran's claims for effective dates earlier than January 18, 2022, for the grant of initial 20 percent ratings for his low back disability and bilateral lower extremity radiculopathy were denied.,The Veteran's claims for effective dates earlier than January 18, 2022, for the grant of initial 20 percent ratings for his right lower extremity sciatic nerve radiculopathy and bilateral lower extremity femoral nerve radiculopathy were denied.

The Board dismissed the appeal due to a withdrawal request from the appellant's authorized representative.

The Veteran's ulcerative colitis is granted service connection, but his jaw condition, lumbar spine condition, bilateral hip condition, cervical spine disability, bilateral shoulder condition, Gulf War illness, sleep disturbances, and headache condition are denied due to lack of evidence linking these conditions to service.

The Board denied an earlier effective date for the award of service connection for lumbosacral spine intervertebral disc syndrome, L5 S1 disc herniation, and strain residuals and thoracic spine strain residuals.,The Board also denied an earlier effective date for the award of service connection for left lower extremity sciatic and femoral nerve radiculopathy.

The Board denied the Veteran's request to extend his delimiting date for Chapter 33 education benefits, finding that he did not provide sufficient evidence of a physical or mental disability preventing him from initiating a program of education within one year of his May 2020 extension request.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is granted at a 70 percent evaluation, effective November 17, 2022. The rating for chronic kidney disease remains noncompensable.

The Board has granted service connection for low back pain, but denied service connection for bilateral shin splints and bilateral lower extremity radiculopathy (secondary to low back pain). The Veteran's low back pain is found to be related to his military service. Bilateral shin splints and bilateral lower extremity radiculopathy are not supported by current medical evidence.

The Board has granted service connection for the Veteran's mid-thoracic strain (back condition) and cervical strain (neck condition).,Both conditions are found to be related to the Veteran's active-duty service.

The Veteran's appeal seeking an effective date prior to April 3, 2018 for the grant of a total disability rating based on individual unemployability and for eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35; a compensable rating for service-connected dry eye syndrome; and readjudication of previously denied claims of service connection for neck muscle spasms, neuropathy (claimed as deep-seated itch in the neck, shoulders, and arms), left upper extremity radiculopathy, right upper extremity radiculopathy, and spondylosis of the cervical spine, with submission of new and relevant evidence, is dismissed.

The Board has determined that the Veteran's herniated nucleus pulposus, L5-S1, post operative, with left leg radiculopathy had its onset in service and granted service connection for this condition.

The Veteran's PTSD is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's low back disability and sciatic radiculopathy are both remanded for further evaluation as the current VA examination did not consider the ameliorative effects of medication.,Service connection for sleep apnea is also remanded, as there is conflicting medical evidence regarding whether the Veteran has a current diagnosis of obstructive sleep apnea.

The Veteran's claim for left lower extremity sciatic radiculopathy is granted as it is related to his service-connected lumbar spine degenerative disc disease with IVDS.,The Veteran's chronic epidydimal inflammation and bladder and voiding dysfunction are not service connected.

The Veteran's initial disability rating for service-connected adjustment disorder is granted at 70 percent, effective June 26, 2017. Effective dates are denied for the other conditions.

The Veteran's back disorder, including IVDS and degenerative scoliosis, is granted as service connected. The left lower extremity radiculopathy is also granted as secondary to the back disorder. The claim for left hip pain is remanded due to a lack of an examination.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected low back disability.