Radiculopathy & sciatica Board decisions

The Veteran's cervical spine disorder, RUE radiculopathy, and headaches have been granted service connection as they are related to his military service.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional VA examinations to address the severity of his service-connected lumbar spine degenerative disc disease and right lower extremity sciatica, including flare-ups.

The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathy, as well as his back disability, were denied. The criteria for a rating greater than 20 percent for the right and left lower extremities prior to March 10, 2022, and after March 10, 2022, are not met. For the back disability, the criteria for a rating greater than 40 percent are also not met.

The Veteran seeks increased ratings for his low back disability and bilateral lower extremity radiculopathy, as well as service connection for a bilateral knee disability, bilateral foot disability, and chronic kidney disease. The Board finds that additional development is necessary prior to adjudication of these claims.,An earlier effective date claim for the grant of service connection for sciatic lumbar radiculopathy is also on appeal.

The Veteran is granted a nonservice-connected pension since October [REDACTED], 2020, due to his age and inability to work due to disabilities. Prior to this date, the Veteran's disabilities did not prevent him from securing and following a substantially gainful employment.

The Veteran's left lower extremity radiculopathy is rated at 60 percent, and he is granted TDIU due to his service-connected disabilities.

The Veteran's application for S-DVI was denied because it was not filed within two years of the date service connection was granted, despite having applied for a TDIU.

The Veteran's cervical spine disability is rated at 30 percent effective December 16, 2021. The issue of a higher initial rating for radiculopathy of the left upper extremity remains pending.

The Veteran's claims for service connection were denied for various conditions, including PTSD, an acquired psychiatric disorder other than PTSD (including dementia), diabetes mellitus type II, prostate cancer, hypertension, a heart disorder (coronary artery disease, status post stent placement), a circulatory disorder, bilateral eye disorders (right eye blindness, double vision in the left eye, cataracts), lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, peripheral neuropathy of each extremity, radiculopathy of each extremity, and myelomalacia. The Board found that there was no evidence to support these claims.,The Veteran's service connection claims were denied for PTSD, an acquired psychiatric disorder other than PTSD (including dementia), diabetes mellitus type II, prostate cancer, hypertension, a heart disorder (coronary artery disease, status post stent placement), a circulatory disorder, bilateral eye disorders (right eye blindness, double vision in the left eye, cataracts), lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, peripheral neuropathy of each extremity, radiculopathy of each extremity, and myelomalacia.

The Board has remanded the claims for service connection for multiple lower extremity disabilities, including right leg disorder, left leg disorder (other than radiculopathy), right foot disorder, and left ankle disorder, as secondary to service-connected spine and left hip disabilities. The Veteran's VA treatment records from specific locations are requested.

The Board has granted service connection for tension headaches as secondary to rhinitis. The issues of evaluating the Veteran's lumbar osteoarthritis and left lower extremity radiculopathy are remanded.

The Veteran's claim for TDIU prior to October 30, 2017 was denied as the effective date of the grant of TDIU is October 30, 2017.

The Veteran's claims for higher ratings for right and left lower extremity radiculopathy of the femoral nerve were denied as his conditions did not meet the criteria for a rating higher than 20 percent.,Effective dates prior to April 19, 2021, for service connection of bilateral lower extremity radiculopathy of the femoral nerve were also denied.

The Veteran's atherosclerotic coronary artery disease did not preclude a workload less than 5 metabolic equivalents of task (METs), resulting in dyspnea, fatigue, angina, dizziness, or syncope.,The cervical spine disability manifested by subjective complaints of chronic neck pain and flares; objective findings do not demonstrate flexion limited to 15 degrees or less, or favorable ankylosis of the entire cervical spine.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate retrospective medical opinions and unclear severity of his service-connected disabilities without medication.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about the adequacy of the VA opinions and the need for independent medical expert evaluations.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because her employment was not considered substantially gainful, despite her service-connected conditions.

The Veteran's service-connected disabilities, particularly his back and bilateral lower peripheral nerve disabilities, coupled with his educational/training background and employment history, precluded him from securing and following any substantially gainful employment. The Board finds that entitlement to TDIU is warranted.

The Veteran's claim for SMC based on the need for aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran did not have anatomical loss or use of both feet, nor was he blind in both eyes, permanently bedridden, or so helpless as to be in need of regular aid and assistance from another person.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal.