Radiculopathy & sciatica Board decisions

The Board has dismissed the appeals for earlier effective dates and increased disability evaluations for right upper extremity radiculopathy and left upper extremity radiculopathy as the Veteran withdrew his appeal.

The Veteran's back disability is rated at 20 percent, and his right lower extremity sciatic nerve radiculopathy from April 18, 2022, is rated at 20 percent. The remaining issues are remanded for further review.

The Board has remanded the Veteran's claims for service connection due to new and relevant evidence submitted, including testimony regarding an in-service injury. The claims are being remanded to obtain STRs and a VA examination to address the nature and etiology of his obstructive sleep apnea.

The Veteran's TDIU claim on an extraschedular basis for the period from March 23, 2009 to December 13, 2016 is granted as his service-connected disabilities have prevented him from securing or following a substantially gainful occupation.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are rated at a 40 percent since June 26, 2013. A TDIU is granted from May 3, 2019 to the present.

The Board has remanded the Veteran's claims for increased ratings for his service-connected low back disability and bilateral lower extremity radiculopathy due to inadequate VA examinations, lack of retrospective opinions, and need for additional development.

The Veteran's thoracic spine disorder, sciatic radiculopathy of the left and right lower extremities are all remanded for further evaluation.

Prior to June 18, 2021, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. As of June 18, 2021, his single service-connected disability did not meet the criteria for TDIU.

The Veteran's appeal is remanded for further development, including obtaining private medical records and scheduling a VA examination. The issues of increased ratings for sciatic and femoral radiculopathies are also being remanded.

The Veteran's radiculopathy of the sciatic nerve was found to not warrant a rating in excess of 10 percent throughout the appeal period, as it did not meet the criteria for moderate incomplete paralysis.

The Veteran withdrew all appeals related to increased ratings, compensation under 38 U.S.C. § 1151 for dental and oral conditions, depression with social anxiety condition and sleep disturbances, and service connection for left and right leg radiculopathy and migraines.

The Veteran's claims for increased ratings for left lower extremity radiculopathy are remanded due to a duty-to-assist error. The case will be returned to the AOJ for further development.

The Board has remanded the case due to a need for an adequate VA examination to assess the current severity of the Veteran's left lower extremity femoral radiculopathy.

The Veteran's service-connected conditions did not render him unemployable prior to November 30, 2021. The Board found that the evidence does not show he was unable to secure or follow a substantially gainful occupation solely due to his service-connected disabilities.

The Board has remanded the claims for right lower extremity radiculopathy, bilateral patellar knee instability, and related rating issues due to outstanding private treatment records from Riverside Mathews Medical Center. The AOJ is instructed to attempt to obtain these records with the correct address.

The Board has determined that the Veteran's radiculopathy of the upper and lower extremities is related to his service-connected cervical strain and lumbosacral strain, but more opinions are needed to address whether these conditions were aggravated by those service-connected disabilities.

The Veteran's service connection for a low back disability and left lower extremity radiculopathy due to the low back disability is granted.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is rated at 10 percent, and the appeal for an increased rating was denied.,The reduction in disability rating from 20% to 10% for right lower extremity radiculopathy of the sciatic nerve was not proper, and the rating has been restored.

The Veteran's SMC was granted at the intermediate rate due to his need for aid and attendance, which is related to service-connected conditions including bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee disabilities. The Veteran does not meet criteria for loss of use of any extremities.

The Veteran's left lower extremity radiculopathy is currently rated at 10 percent, and the Board finds that a higher rating is not warranted as his symptoms do not meet the criteria for a higher rating.