Radiculopathy & sciatica decisions — 2021

The Veteran's lumbar spine disability is rated at 40 percent, and the rating for his lower extremity radiculopathies remains at 10 percent. The Board denied a higher rating for these conditions.

The Board has determined that the Veteran's bilateral sciatic peripheral neuropathy is at least as likely as not related to his documented in-service cold weather injury, and thus service connection for this condition is granted.

The Veteran's service connection claims for radiculopathy, hip disabilities, and IBS have been granted. The effective date for the award of service connection for IBS is September 12, 2013.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is currently rated as 40 percent disabling prior to June 6, 2016 and 60 percent thereafter. The Veteran's left femoral nerve radiculopathy is currently rated as 30 percent disabling.,The Veteran appealed for a higher rating for his left lower extremity radiculopathy of the sciatic nerve, but the Board denied this appeal. A separate rating was granted for his left femoral nerve radiculopathy.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's appeals for TDIU and service connection for bilateral upper extremity radiculopathy were dismissed. The Board also remanded the claims for a compensable rating for left and right knee instability prior to April 10, 2018.

The Veteran withdrew his appeals for all issues involving the service-connected conditions and evaluations, resulting in their dismissal.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment for the appeal period from March 30, 2010 to November 21, 2011. An effective date of March 30, 2010 is granted.

The Board has remanded the Veteran's claims for sleep apnea, bilateral knee disability, and bilateral lower extremity sciatica due to insufficient consideration of lay statements in their decision.

The Board has granted service connection for right shoulder rotator cuff tendonitis, rotator cuff tear, and impingement syndrome as well as low back degenerative disc disease with bilateral lower extremity radiculopathy, both of which are determined to be related to the Veteran's in-service injuries.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to February 12, 2014.

The Board has granted a TDIU from March 1, 2014, based on the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board denied service connection for right leg tingling and right lower extremity radiculopathy, finding that the Veteran's current conditions are not related to his military service or a service-connected disability.

The Veteran's claims for bilateral hearing loss disability, PTSD, lumbar spine disability, cervical spine disability, and right lower extremity radiculopathy are all denied as the evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has remanded the claims for increased ratings and earlier effective dates due to outstanding treatment records, including those from Dr. Miller.

The Board has determined that further development is necessary to determine the severity of the Veteran's left lower extremity radiculopathy prior to October 15, 2016 and on and after October 15, 2016.

The Board dismissed the appeals regarding reductions in disability ratings for intervertebral disc syndrome, spinal stenosis status post multiple laminectomies, lumbar facetectomy and posterolateral fusion, right lower extremity femoral nerve radiculopathy, and left lower extremity femoral nerve radiculopathy as the Veteran had died.

The Veteran's initial rating for associated lumbar spine radiculopathy, right lower extremity (RLE), is remanded due to a lack of notification and the need for a current examination.,The Veteran's claims for service connection for right knee disability, left knee disability, right (dominant) shoulder disability, left shoulder disability, and cervical spine disability are all remanded due to insufficient evidence on the nexus between active service and these conditions.,The Veteran's claims for service connection for right knee disability, left knee disability, right (dominant) shoulder disability, left shoulder disability, and cervical spine disability are all remanded due to insufficient evidence on the nexus between active service and these conditions.,The Veteran's claims for service connection for right (dominant) shoulder disability, left shoulder disability, and cervical spine disability are all remanded due to insufficient evidence on the nexus between active service and these conditions.,The Veteran's claims for service connection for right knee disability, left knee disability, right (dominant) shoulder disability, left shoulder disability, and cervical spine disability are all remanded due to insufficient evidence on the nexus between active service and these conditions.,The Veteran's claim for service connection for cervical spine disability is remanded due to insufficient evidence on the nexus between active service and this condition.

The Veteran's lumbar spine DJD is granted an increased rating of 40 percent, but no higher. Separate ratings of 10 percent are granted for left and right lower extremity radiculopathy. The Veteran's right small finger fracture is denied a compensable rating.

The Veteran's appeals for increased ratings in several conditions have been dismissed due to the Veteran and his attorney withdrawing their appeals.