Radiculopathy & sciatica decisions — 2021

The Veteran's claims for diabetes, hypertension, and various neurologic conditions in the upper and lower extremities have been denied. The Board found insufficient evidence to establish service connection due to lack of in-service onset or exposure.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has remanded the claims for further development due to insufficient evidence regarding the Veteran's service-connected conditions and their impact on her disability ratings. The Veteran is also required to provide clarification about her employment history during a specific period.

The Veteran's PTSD with MDD was granted a 50% rating from September 23, 2014 to April 14, 2015. Since then, the claim has been remanded for further action on other issues.

The Board has remanded three issues related to the Veteran's service-connected cervical and lumbar spine disabilities, as well as radiculopathy of the right lower extremity. The reasons for this are that the most recent VA examination was conducted almost eleven years ago, which is deemed insufficient given the potential worsening of the conditions.

The Veteran's lumbar spine degenerative disc disease is currently rated as 40 percent disabling since June 1, 2015. The Board denied a higher rating for this condition.,Left and right lower extremity radiculopathy are separately service-connected and rated at 10 percent each prior to August 30, 2019, and 20 percent each thereafter. The Veteran's femoral nerve involvement is rated at 30 percent from August 30, 2019.,The Board denied a TDIU based on the Veteran's service-connected disabilities.

The Board has remanded the claims for service connection for various knee and foot disabilities, as well as an acquired psychiatric disorder. The issues are being returned to the RO/AMC for further development.,Service connection is not granted for a back disability or right lower extremity radiculopathy (to include hip and ankle) due to lack of evidence showing in-service incurrence or aggravation.

The Veteran's bilateral hearing loss was denied a compensable rating from March 31, 2011 to November 4, 2019 and an increased rating in excess of 10 percent from November 4, 2019.,For radiculopathy of the right lower extremity, a 20 percent evaluation was granted effective November 4, 2019. For radiculopathy of the left lower extremity, a 20 percent evaluation was also granted effective November 4, 2019.

The Board denied service connection for a thoracolumbar spine disorder with radiculopathy affecting the left lower extremity and granted a 70 percent rating for PTSD. The decision also noted that the Veteran's TDIU claim was granted prior to August 28, 2020.

The Veteran was granted a 40 percent disability rating for his service-connected left lower extremity radiculopathy, effective September 23, 2020.,For the period prior to September 23, 2020, the Veteran's right lower extremity radiculopathy is rated at 20 percent.

The Veteran's claim for a total rating based on unemployability due to service-connected disabilities is granted, with the exception of his right knee and back issues which are remanded. The Veteran also has higher ratings for his mechanical low back syndrome and limitation of flexion of the right knee.

The Board has remanded the Veteran's service connection claim for a nerve disorder of the right upper extremity, including peripheral neuropathy and carpal tunnel syndrome, due to exposure to tactical herbicides. The case is being remanded for additional development, including obtaining SSA records and arranging for an appropriate healthcare provider to review the claims file and provide an opinion on whether it is at least as likely as not that the Veteran's nerve disorder had its onset during service or is due to an event or incident of his period of active service.

The Veteran's low back disability is rated at 40 percent, and the radiculopathy of the left lower extremity is rated at 20 percent. The TDIU was granted since December 7, 2011.,A separate rating for radiculopathy of the left lower extremity prior to August 31, 2016, has been granted.

The Board denied service connection for a back condition, neck condition, and cervical radiculopathy as there was no evidence of chronic disability in service or within one year following discharge.,There is no indication that the Veteran's current spine and radicular disorders are related to his military service.

The Veteran's increased rating claims for right lower extremity radiculopathy, impingement syndrome of the left shoulder with osteoarthritis, and lumbosacral strain with mild DDD have been denied as his conditions do not meet the criteria for higher ratings under VA regulations.

The Board has remanded the case due to conflicting medical evidence regarding the severity of the Veteran's right lower extremity radiculopathy. The Veteran is scheduled for a VA examination to reconcile these findings and determine his current disability level.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding whether the Veteran's hip and back disorders are aggravated by his service-connected bilateral knee disabilities.

The Veteran's service-connected coronary artery disease, degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded for additional development. The Veteran is also seeking a total disability rating based on individual unemployability due to his service-connected disabilities.

The Veteran's right lower extremity radiculopathy and right knee disability have been rated, but the Veteran is seeking higher ratings for these conditions.,An effective date of August 22, 2003, has been granted for service connection of the right lower extremity radiculopathy.

The Board has granted service connection for a bilateral hip disability, a back disability with bilateral lumbar radiculopathy, and bilateral lower extremity radiculopathy. The Board found that the Veteran's current disabilities are related to his military service.