Radiculopathy & sciatica Board decisions

The Board has found that the reduction in disability rating from 20 percent to 10 percent for degenerative disc disease of the lumbar spine, effective from April 19, 2016, to July 22, 2021, was improper due to lack of proper notice. The Board has also found that a 20 percent disability rating is warranted for radiculopathy of the right lower extremity as of January 24, 2018.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to a service-connected lumbosacral strain. The claim for TDIU is remanded.

The Veteran's claim for a rating in excess of 40 percent for his back disability was denied. Separate initial ratings of 10 percent were granted for sciatic radiculopathy of the right and left lower extremities effective October 12, 2010.

The Veteran's claims for increased ratings for diabetes mellitus type II and peripheral neuropathy of the lower extremities were denied. The Board found that the evidence did not support a higher rating for diabetes mellitus, as it did not meet the criteria for a 60 percent or higher rating under Diagnostic Code 7913. For the peripheral neuropathy claims, the Board noted that the Veteran's symptoms had improved to warrant a 20 percent rating from July 30, 2019.

The Veteran's claims for increased ratings and TDIU have been denied. The Board found that the evidence did not support a higher rating for his knee disabilities, low back disability, or sciatica.

The Board has remanded the claims for SMC based on need for aid and attendance, higher ratings for sciatic nerve radiculopathy of both lower extremities, and a higher rating for degenerative disc disease of the lumbar spine. The VA is required to obtain additional medical records and provide an addendum to the previous examinations regarding the Veteran's need for regular aid and attendance due to service-connected disabilities.

The Board has denied service connection for tinnitus due to the lack of a current disability. The Veteran's claims for left leg radiculopathy, right foot disorder, left foot disorder, and left hip disorder are remanded as there is insufficient evidence on record regarding their etiology. The Veteran's claims for right hand reflex sympathetic dystrophy and right elbow disorder are also remanded due to the absence of a VA examination.

The Veteran's claims for increased ratings and effective dates prior to July 15, 2013, were denied as the evidence did not show that increases in disability occurred prior to this date. The right knee scar was rated compensable but no higher, while the lumbosacral strain with degenerative arthritis and RLE radiculopathy received increased ratings effective July 15, 2013.

The Veteran's PTSD, back disability, LLE sciatic nerve radiculopathy, and LLE femoral nerve radiculopathy are all denied as the evidence does not meet the criteria for higher ratings.

The Veteran's initial disability rating for degenerative disc disease of the lumbar spine is granted at 40 percent, effective August 19, 2019. Separate ratings of 20 percent are assigned for radiculopathy affecting both lower extremities beginning August 27, 2021.

The Veteran's claims for increased ratings of his service-connected lumbar spine disability, sciatic radiculopathies of the bilateral lower extremities, and femoral radiculopathies are remanded due to inadequate examination findings. The AOJ is instructed to schedule a new VA examination and obtain any outstanding VA treatment records.

The Veteran's claims for increased ratings for his service-connected right knee osteoarthritis, instability, lumbosacral spine disability, and radiculopathy of the right lower extremity have been granted. The initial rating for right knee osteoarthritis is set at 20 percent effective February 1, 2012, with a higher initial 30 percent rating effective August 17, 2020.

The Veteran's appeal for service connection for lumbar degenerative disease with radiculopathy has been dismissed due to the death of the appellant.

The Veteran's service-connected disabilities, including his acquired psychiatric disability (depression and PTSD), migraine headaches, degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome and lumbar strain, left hip osteoarthritis, right hip osteoarthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, patellofemoral pain syndrome of the right knee, lateral instability, post-operative patellofemoral pain syndrome of the left knee, and surgical scars of the left knee, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as his mobility issues are compensated by the assigned ratings for his disabilities.

The Veteran's combined service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted TDIU effective April 29, 2020.

The Veteran's lumbosacral strain and left lower extremity radiculopathy claims are being remanded for further review due to new evidence received after the June 2020 supplemental statement of the case.

The Veteran's service-connected disabilities, including bilateral hearing loss, right and left lower extremity radiculopathy, and lumbar spine disability, are being remanded for further evaluation due to recent increases in severity since the last VA examinations.

The Veteran's radiculopathy of the right lower extremity is rated at 40 percent, reflecting moderately severe incomplete paralysis.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining a substantially gainful occupation since January 31, 2008. The Board has granted an extraschedular TDIU rating for this period.