Radiculopathy & sciatica decisions — 2021

A disability rating of 20 percent, but no higher, for the service-connected dorsal lumbar paravertebral myositis with bulging discs L4-5 and L5-S1, and degenerative joint disease (DJD) L5-S1 apophyseal joints was granted.,A disability rating of 20 percent, but no higher, for the service-connected lumbar myositis with bulging discs and DJD was granted from September 23, 2001 to July 17, 2013.,A disability rating of 40 percent, but no higher, for the service-connected lumbar myositis with bulging discs and DJD was granted from July 17, 2013 to November 20, 2020.

The Veteran's appeal for service connection for hearing loss was withdrawn by the Veteran during his hearing before the Board.,Service connection is granted for cystic acne, posttraumatic stress disorder (PTSD), a low back disability, left lower extremity radiculopathy, and right knee disability. Service connection is denied for a right ankle disability.

The Veteran withdrew his claims for service connection for an acquired psychiatric disorder and increased ratings for cervical spine and bilateral upper extremity radiculopathy disabilities prior to the promulgation of this decision.

The Veteran's claim for an effective date of May 31, 2009, for the award of service connection for lumbar radiculopathy, sciatic nerve of the right lower extremity, is granted. The claim for an earlier effective date for the left lower extremity is denied.

The Board has granted service connection for a low back disability, bilateral lower extremity radiculopathy, and an acquired psychiatric disorder. The conditions are related to in-service injuries or diseases.

The Veteran's right and left upper extremity peripheral neuropathies were granted a 20 percent rating from July 3, 2013 to May 3, 2015. The lower extremities' sciatic nerve peripheral neuropathy was also granted a 20 percent rating during this period. However, the Veteran's right and left lower extremity femoral nerve peripheral neuropathies were denied higher ratings from May 4, 2015.

The Veteran's claims for service connection and increased ratings have been denied. The Board found that the Veteran's sleep disturbance is already considered in his service-connected major depressive disorder, and there are no separate sleep disabilities capable of service connection.

The Veteran is granted an effective date of September 23, 2002 for radiculopathy of the bilateral lower extremities and denied earlier effective dates for reactive airway disease, residual of pneumothorax.

The Board has determined that additional development is needed for the service connection claims for ischemic heart disease, plaque psoriasis, hypogonadism with low testosterone, psoriatic joint pain, hypertension, sciatic nerve pain, and an acquired psychiatric disorder. The AOJ should consider all evidence of record in this supplemental statement of the case.

The Board has granted earlier effective dates of May 31, 2006 for the grant of a 20 percent rating each for right and left lower extremity radiculopathy.

The Veteran's claims for higher ratings for intervertebral disc syndrome with spondylolisthesis and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating in excess of 20 percent for his IVDS prior to October 24, 2019, or from October 24, 2019.

The Veteran's claim for a rating in excess of 10 percent for service-connected left lower extremity radiculopathy prior to December 1, 2015 was denied.,A 10 percent rating was granted for the period from December 1, 2015 to February 4, 2021.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his service-connected spinal compression fractures, right lower extremity radiculopathy, and epilepsy.

The Veteran's service-connected disabilities (panic disorder, back disorder, bilateral lower extremity radiculopathy) have made it impossible for him to secure and follow a substantially gainful occupation.

The Veteran's appeal for a higher rating for his cervical spine degenerative joint disease and associated radiculopathy was granted due to equitable tolling of the 60-day filing requirement, as he believed he had properly opted into the Appeals Modernization Act (AMA).

The Board has granted service connection for the Veteran's back condition and secondary service connection for his left leg radiculopathy as it is related to his back condition. The evidence supports that the Veteran's back injury occurred in service, leading to current symptoms.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of the Veteran's service-connected conditions.

The Veteran's back disability is rated at 20% effective June 3, 2009 and increased to 40% effective August 10, 2018. Effective June 3, 2009, the Veteran also received a 10% rating for radiculopathy of the left lower extremity and a 10% rating for radiculopathy of the right lower extremity.,The Board denied entitlement to TDIU prior to August 10, 2018.

The Board has remanded the claims for service connection due to insufficient opinions on causation and aggravation, as well as a disconnect between requested and provided opinions.

The Board has decided to remand several claims, including those for higher ratings and effective dates related to the Veteran's back pain and radiculopathy. The TDIU claim is also being remanded as it is intertwined with these other issues.