Radiculopathy & sciatica Board decisions

The Board has granted an effective date of December 20, 2021 for the grant of service connection for left and right upper extremity radiculopathy as secondary to a cervical spine disability.

The Veteran's service-connected disabilities cause significant impairment in finding and maintaining gainful employment, but he is capable of performing the physical and mental acts required by his job as a welder with reasonable accommodations. The Board finds that he is not employed in a protected environment.

The Board has denied the Veteran's claims for service connection for cervical spinal stenosis, cervical spine nerve compression, C6-C7, right leg sciatica, acute right arm denervation, and right upper extremity carpal tunnel syndrome as there is no evidence of a nexus between these conditions and her active military service.

The Board denied the Veteran's claims for special monthly compensation (SMC) and special monthly pension (SMP) based on need for regular aid and attendance (A&A) or housebound status due to insufficient evidence showing that he needed such assistance.

The Veteran's claims for higher ratings for bilateral lower extremity radiculopathy and TDIU were denied. The Veteran was granted a total disability rating based on individual unemployability, but SMC based on loss of use or housebound status was denied.

The Board has decided to remand the Veteran's claims for PTSD, residuals of a stress fracture of the left femoral neck, and left lower radiculopathy musculocutaneous (superficial peroneal) nerve due to duty-to-assist errors in obtaining relevant private treatment records and considering the ameliorative effects of medication on his disabilities.

The Veteran's claims for service connection for pre-diabetes, chronic back pain, left lower extremity radiculopathy, right lower extremity radiculopathy, right upper extremity radiculopathy, and left upper extremity radiculopathy have all been denied.,Service connection for a respiratory condition (to include COPD, chronic cough, and dyspnea) and a left lung nodule has also been denied.

The Board has granted the Veteran's claims for effective dates of July 7, 2022 for service connection for cervical condition and associated left and right upper extremity cervical radiculopathy conditions as well as cervicogenic headaches.

The Veteran's appeals for increased ratings in excess of the assigned evaluations for various lower extremity radiculopathies and a lumbar spine disability have been dismissed due to her withdrawal of those issues at her hearing.

The Veteran is granted a TDIU and SMC for statutory housebound due to service-connected disabilities, including anxiety disorder, degenerative arthritis of the cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy. The combined rating is at least 100 percent.

The Veteran's claims for service connection for left and right hip pain and sacroiliac joint pain have been withdrawn. The Veteran's radiculopathy of the left and right lower extremities has been granted a 20 percent rating.

The Board has remanded the claims for service connection due to inadequate examination and duty-to-assist errors, including obtaining nexus opinions and additional medical records.

The appeal as to the issues of entitlement to service connection for bilateral hearing loss, neck condition, lumbar spine condition, LLE radiculopathy, RLE radiculopathy, left shoulder condition, left knee condition, and right knee condition is dismissed.

The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.

The Board has decided to remand the case due to a duty to assist error regarding the service connection for left lower extremity radiculopathy, including as aggravated by service-connected lumbar spine degenerative disc disease (DDD).

The Veteran's appeal for individual unemployability (TDIU) and service connection for sinusitis and abdominal pain, residuals, removal of colon, severe constipation were dismissed due to duty to assist errors found in the August 2021 rating decision.,Residuals of a menstrual disorder, to include status post hysterectomy; residuals, removal of gallbladder; GERD with acid reflux disease and epigastric pain; lumbar spine condition; radiculopathy, right lower extremity; radiculopathy, left lower extremity; dry eye syndrome; left knee pain; right shoulder pain; left shoulder pain; and right ankle condition were all granted.

The Board has granted the Veteran's claim for service connection for spinal stenosis of the back with degenerative arthritis, to include associated radiculopathy of the bilateral lower extremities. The evidence supports a finding that these conditions are related to the Veteran's military service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected back disorder and obesity (as an intermediate step).

The Veteran's TDIU claim is granted for the entire period on appeal.,For the entire period on appeal, a disability rating of 40 percent is granted for right lower extremity radiculopathy of the sciatic nerve associated with lumbar spine fusion, L3-L4 and L5-S1.,Prior to June 13, 2023, a disability rating of 40 percent is granted for left lower extremity radiculopathy of the sciatic nerve associated with lumbar spine fusion, L3-L4 and L5-S1. From June 13, 2023, no higher rating is granted.,From June 13, 2023, a disability rating higher than 40 percent for left lower extremity radiculopathy of the sciatic nerve associated with lumbar spine fusion, L3-L4 and L5-S1 is denied.

The Board has remanded the claims for service connection for lumbosacral radiculopathy disorder and chronic kidney disease due to a lack of an adequate VA examination. The Veteran's participation in toxic exposure risk activities is conceded.