Radiculopathy & sciatica decisions — 2021

The Board has remanded the case due to a need for an addendum VA opinion regarding service connection and aggravation of hepatitis C.

The Veteran's claims for service connection and increased ratings were denied. The Board found no new and material evidence to reopen the hearing loss and tinnitus claims, granted a 20% rating for peripheral neuropathy in both lower extremities (sciatic nerve), but discontinued separate ratings for femoral nerves due to pyramiding. Service connection was not established for upper extremity peripheral neuropathy.

The Veteran's left ankle disability was granted a rating of 40% from August 1, 2012 to August 3, 2019. Since then, the claim for a higher rating has been denied. The right ankle and lumbar spine disabilities have also had their ratings denied.

The Board denied service connection for right and left lower extremity peripheral neuropathy and radiculopathy, finding that the Veteran does not currently have these conditions.

The Veteran's claim for a higher disability rating for his right shoulder disorder is remanded. He also has claims for increased ratings for cervical spine and left upper extremity radiculopathy, which are also remanded.,There are issues with effective dates for dependency benefits, service connection, and disabilities related to the Veteran's cervical spine and left upper extremity radiculopathy. These issues are also remanded.

The Veteran's tinnitus and major depressive disorder have been granted service connection. The Board has also remanded several issues related to his lower extremities, lumbar spine, ankles, feet, and kidneys due to the need for further medical examination.

The Veteran's claim for a higher rating for his lower back disability is remanded due to evidence showing the disability worsened prior to June 8, 2012. His TDIU claim is granted.

The Board has remanded three issues related to service connection for lumbar spine disorder, cervical spine disorder, and radiculopathy in the upper extremities due to incomplete factual assumptions in the April 2017 VA examinations.

The Veteran's claim for service connection for a respiratory disorder, including left upper lobe granulomatous infection with pulmonary nodule, was reopened and granted effective June 20, 2013. An effective date of June 20, 2013, but no earlier, is assigned for the award of service connection. The Veteran's claim for TDIU prior to April 15, 2008 remains denied.

The Veteran's low back disability is rated at 40 percent, but the Board finds that it does not warrant a higher rating due to lack of ankylosis or incapacitating episodes.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent each leg. The Board finds no evidence supporting ratings in excess of 20 percent.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to a lack of recent VA examinations, and requests that Social Security Administration records be obtained.

The Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment from July 10, 2005 to August 3, 2015. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's claims for increased rating and service connection were denied. The right knee condition was rated at 10 percent, the lumbar spine degenerative arthritis claim was not granted due to lack of nexus, and the left sciatic nerve condition claim was also not granted as it is secondary to a non-service-connected disability.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his claims.

The Veteran's RLE radiculopathy was granted a disability rating of 40 percent effective October 20, 2020.,TDIU due to service-connected disabilities is also granted.

The Veteran's lumbar strain has been granted a 20 percent evaluation, effective February 21, 2017. The Board also remanded several service connection claims for further review.

The Veteran withdrew her appeal for increased ratings and earlier effective dates for her service-connected thoracolumbar spine disability and radiculopathy of both lower extremities, stating she had received complete compensation since initiating the appeal in November 2015.

The Veteran's claim for a higher rating for his left lower extremity radiculopathy of the sciatic nerve associated with service-connected lumbar strain with DDD was denied. The Board found that the disability more closely approximated a moderately severe incomplete paralysis, warranting a 40 percent rating. The issue of entitlement to SMC based on loss of use of the foot due to his radiculopathy was also denied.

The Board has remanded the issue of whether the Veteran's sleep apnea is related to his service-connected disabilities, specifically his foot and spine conditions. The case will be reviewed by a medical professional who will provide an opinion on whether it is at least as likely as not that the Veteran's obesity, caused or aggravated by his service-connected disabilities, contributed to his sleep apnea.

The Board has dismissed the appeals for increased ratings in excess of 20 percent for radiculopathy of the left lower extremity (femoral and sciatic nerves), left knee ligamentous strain, left knee lateral instability, and left knee ligamentous strain with limitation of extension.