Radiculopathy & sciatica Board decisions

The Veteran's disabilities, including his cervical and thoracolumbar spine conditions and left elbow condition, do not meet the criteria for a finding of permanent and total disability for pension purposes.

The Board has remanded the cases due to errors in the previous decisions regarding service connection for arthritis of the low back and sciatica of the right lower extremity, both secondary to service-connected low back strain. The VA must obtain a medical opinion on whether the Veteran's arthritis is caused or aggravated by her service-connected low back strain.

The Veteran's claims for service connection for fibromyalgia, a rating in excess of 40 percent for residuals of a back injury, and initial disability ratings for radiculopathy were denied. The Veteran's claim for TDIU was also remanded.

The Veteran's service-connected disabilities, including lumbar spine degenerative disc disease and spondylosis, left ankle degenerative joint disease, tinnitus, tender scars, inter-trochanteric fracture of the right hip, radiculopathy involving sciatic nerve on the left, and right knee strain, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his disabilities are sufficiently disabling to meet the criteria for TDIU.

The Veteran's service-connected left lower extremity radiculopathy with sciatic nerve involvement is rated at 10 percent, the minimum rating available under Diagnostic Code 8520 for mild incomplete paralysis.

The Board has granted service connection for degenerative arthritis of the spine with bilateral lumbar radiculopathy, finding that the Veteran's current disability is related to an in-service back injury and resolving reasonable doubt in her favor.

The Veteran's appeal for increased ratings for lumbosacral and thoracic strain, as well as right lower extremity radiculopathy, was denied. The rating for lumbosacral and thoracic strain from June 5, 2014 to November 18, 2019 is still at 20 percent. From November 19, 2019 onwards, the Veteran's condition has been rated at 40 percent.

The Board has determined that further development is necessary before the claims for service connection can be adjudicated. The Veteran's claims of service connection for right lower extremity sciatic nerve damage, residuals of a heart valve replacement, and reproductive system disability are remanded due to incomplete medical records.

The Veteran's service-connected lumbar spine condition, right lower extremity radiculopathy, and right ankle condition have prevented him from securing or following a substantially gainful occupation since February 15, 2018. A TDIU is granted effective that date.

The Veteran's lumbar radiculopathy (sciatic nerve) in the left lower extremity is rated at 10 percent prior to September 21, 2016 and at 40 percent thereafter. The Veteran's lumbar radiculopathy (femoral nerve) in both lower extremities are each rated at 30 percent from September 21, 2016.

The Veteran's service connection claims for left lower extremity sciatica, lumbar spine disability, and left knee disability were denied. The right ankle and left ankle disabilities received initial ratings of 20 percent each.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbar spine and associated lower extremity radiculopathy, do not meet the schedular requirements for a TDIU prior to May 31, 2016. The Board also found that there is no evidence of an extraschedular TDIU.

The claim to reopen the issue of service connection for a left leg disability is granted. The claims for service connection for OSA, right leg disability, eye disability, low back strain, cervical spine degenerative disc disease, right upper extremity radiculopathy, left upper extremity radiculopathy, erectile dysfunction (ED), prostate cancer residuals, and coronary artery disease are denied.

The Veteran's service-connected disabilities have worsened since the last evaluations, and a new VA examination is needed to assess their current severity.

The Board has remanded the claims for service connection for bilateral leg pain, claimed as fibromyalgia; lumbosacral spine disability; and bilateral lower extremity radiculopathy due to inadequate examination opinions.

The Veteran's radiculopathy of the left and right lower extremities, as well as his lumbar spine disability, have been granted increased ratings effective July 9, 2016. The maximum rating available for these conditions has not yet been reached.

The Board has dismissed the Veteran's claims for service connection due to lack of a current diagnosis and insufficient evidence linking any diagnosed conditions to service.

The Board has granted a 40 percent disability rating for radiculopathy of the right lower extremity since September 29, 2020.

The Board has granted an earlier effective date of December 1, 2007 for the grant of service connection for sciatic nerve entrapment of the left lower extremity associated with the Veteran's thoracolumbar degenerative joint disease (lumbar spine disability). This decision is based on evidence showing that the condition was present and related to his service-connected lumbar spine disability prior to December 1, 2008.

The Board denied service connection for left foot drag as secondary to the Veteran's service-connected left thigh disability and denied increased ratings for his cervical and lumbar spine disabilities.