Radiculopathy & sciatica Board decisions

The Veteran's claims for increased ratings on multiple conditions are being remanded due to the need for further development and evaluation.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The reasons provided were that there was no evidence of chronic back pain within one year after discharge from active duty, and the VA examiner opined that the Veteran's current lumbar spine disorder is not related to his service-connected cervical spine stenosis or any other in-service injury.,The Board found that the Veteran did not meet the criteria for direct service connection as there was no evidence of a chronic back condition within one year after discharge from active duty, and the VA examiner opined that the current lumbar spine disorder is not related to his service-connected cervical spine stenosis or any other in-service injury.

The Veteran's claim for an increased rating and earlier effective date for left upper extremity radiculopathy is remanded due to the need for a supplemental statement of the case.

The Board has remanded the case due to errors in its decision regarding TDIU and DEA benefits, specifically for the period prior to April 4, 2011. The Veteran's service-connected conditions are expected to be reassessed on remand.

The Veteran's claims for service connection are being remanded due to incomplete records and the need for further development.

The Veteran's back disability is granted a 40 percent rating. The right lower extremity radiculopathy is denied any increased ratings prior to December 1, 2020 and after that date. The left lower extremity radiculopathy is also denied any increased ratings from July 11, 2016 to November 30, 2020 and after that date.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to December 10, 2008.

The Board has remanded the issues of service connection for a right knee condition and entitlement to TDIU prior to August 7, 2014 due to insufficient examination findings.

The reduction of the rating for service-connected left lower extremity radiculopathy sciatic nerve from 60 percent to 20 percent, effective December 1, 2018, was not proper and the 60 percent evaluation is restored.

The Board has remanded the claims of increased rating for low back pain, service connection for bladder condition, right lower extremity radiculopathy, left lower extremity radiculopathy, and left shoulder disability due to additional development needed.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, which render him unable to obtain or retain substantially gainful employment.

The Board has decided to remand the case due to conflicting claims regarding service connection for degenerative disease of the lumbar spine with radiculopathy, including as secondary to a service-connected left shoulder disability and as a direct result of service. The Veteran's contentions have changed over time, leading to the need for further development.

The Board has denied the Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy, finding that the evidence does not support a higher disability rating than the current 20 percent assigned.

The Veteran's claim for increased ratings of his lumbar spine disability and left lower extremity sciatic radiculopathy was remanded. The Board found that a higher rating is not warranted at any time during the appeal period.

The Board has denied the Veteran's claims for service connection for a lower back disability, left and right lower extremity radiculopathy, and high sugar or diabetes mellitus. The evidence does not support a finding that these conditions are related to service.,There is no credible evidence of a current diagnosis of arthritis of the low back within one year of discharge from active duty, nor any evidence of continuity of symptoms since service.

The Board has decided that an effective date earlier than June 30, 2011 for the award of service connection for right lower extremity peripheral neuropathy of the sciatic nerve is not warranted. The Veteran's claim was denied in July 2010 and reopened on June 30, 2011. The Board has also decided to remand the issue of entitlement to a higher initial rating for right lower extremity peripheral neuropathy of the sciatic nerve due to a duty-to-assist error.

The Veteran's left total knee replacement is rated at 60 percent disabling for the period prior to June 25, 2020. For the period from June 25, 2020 onward, a higher rating is denied.

The Veteran's disability ratings for post traumatic headaches and radiculopathy of the right lower extremity were not properly reduced, as there was no evidence showing improvement in his ability to function under ordinary conditions.

The Veteran's claim for special monthly compensation under 38 U.S.C. § 1114(m) is granted, as he has no effective function remaining in his bilateral lower extremities other than what would be equally well served by an amputation with use of a prosthetic appliance.

The Veteran's cervical spine disability is rated at 10 percent, and a separate 40 percent rating for right upper extremity radiculopathy associated with the cervical spine disability is granted from May 27, 2021.