Radiculopathy & sciatica decisions — 2021

The Board has remanded the claims for an increased evaluation for degenerative disc disease at L4-L5 and associated radiculopathies due to incomplete examination findings. The Veteran is also being asked to provide a TDIU determination based on his service-connected disabilities.

The Board has remanded the Veteran's claims for lumbar osteoporotic bones with scattered degenerative changes, left and right sciatic nerve disabilities due to inextricably intertwined issues. The claims will be returned to the RO for further action.

The Veteran's migraine headaches are granted service connection. The initial ratings for left lower extremity radiculopathy of the femoral nerve, sciatic nerve, obturator nerve, external cutaneous nerve, and ilio-inguinal nerve are denied.

The Veteran's left lower extremity radiculopathy has been granted a rating of 30 percent effective February 28, 2020. The right lower extremity radiculopathy remains at the maximum schedular rating of 10 percent.

The Veteran's sleep apnea is caused by his service-connected sinusitis.,There is no evidence of a current seizure disorder during the appeal period, and therefore service connection for a seizure disorder is denied.,Pneumonia is remanded as there are no records documenting treatment during the appeal period. The Veteran should provide authorized records from any physician or facility where he received treatment.,Tremor disability is remanded as the Veteran's lay statements concerning hand tremors in service need to be addressed by a VA examiner.,Back and neck disabilities are remanded as the Veteran's lay statements about back pain during service need to be considered. The Veteran should provide authorized records from any physician or facility where he received treatment for his radiculopathy.,Bilateral lower extremity and upper extremity radiculopathies are remanded in conjunction with the Veteran's neck and back disabilities, as they are inextricably intertwined.

The Veteran's lumbar spondylosis, radiculopathy of the right and left lower extremities, and right wrist strain have been remanded for further examination.,Service connection for vertigo with bilateral hearing loss is also remanded as the Veteran has provided new evidence since his last VA examination.

The Board dismissed the appeal for service connection of a back disability due to the full benefit sought being granted in a previous rating decision. The TDIU claim was granted as the Veteran's combined disability rating is at least 70% and he is unable to work due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to inadequate examination opinions and incomplete record development.

The Veteran's multilevel degenerative disc disease, femoral nerve radiculopathy of the left and right lower extremities, and sciatic nerve radiculopathy of the right lower extremity are all rated at 40 percent for the period from June 10, 2007 to February 28, 2017. The Veteran's right knee degenerative changes status post arthroscopy with chondroplasty and synovectomy is rated at 20 percent, while his left knee degenerative changes are rated at 10 percent.

The Veteran's service-connected disabilities, including sleep apnea and degenerative disc disease of the lumbar spine, are found to be of such severity that they preclude his ability to maintain substantially gainful employment. The TDIU rating is granted. However, the issue of a higher rating for the back disability remains pending.

The Veteran's dermatitis, ischemic heart disease, hypertension, lumbar spine strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and residuals of a stroke are all granted. The Veteran's lumbar spine strain is rated at 10 percent.

The Board denied the Veteran's claim for a TDIU as he did not return a completed VA Form 21-8940 to support his claim, and there is no evidence demonstrating that he is unable to obtain or retain gainful employment due to his service-connected disabilities.

The Veteran's appeals for service connection and rating increases have been dismissed. The Board has remanded several issues including right foot neuropathy, left foot neuropathy, sleep apnea, cervical spine disability, lumbar spine disability, bilateral primary open angle glaucoma, chronic fatigue syndrome, and lower extremity radiculopathy.

The Board has remanded the Veteran's claims of entitlement to separate disability ratings for bilateral lower extremity radiculopathy, service connection for a bladder disability and erectile dysfunction due to his service-connected residuals, lumbar laminectomy, with bilateral bone fusion and posterior lateral stabilization, intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, and bilateral lower extremity radiculopathy.

The Veteran's low back disorder and associated left lower extremity radiculopathy have been granted a separate compensable rating of 20 percent, effective from April 10, 2017. The claim for an increased rating for the lumbar spine remains denied.

The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment for the period prior to July 18, 2020.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of performing the physical and mental acts required by employment.

The Board has remanded the claims for sleep apnea, back condition, and bilateral lower extremity radiculopathy to obtain additional medical opinions addressing the etiology of these conditions. The issues are inextricably intertwined due to the potential impact on the back claim.

The Board has remanded the Veteran's claims for bilateral upper extremity radiculopathy due to incomplete examination and failure to address certain medical records. The examiner must provide an opinion on whether the disabilities are related to service, caused by or aggravated by his service-connected back disability, and consider a July 2015 VA treatment record.

The Veteran's right and left lower extremity sciatic nerve radiculopathies have each been granted a rating of 10 percent, effective from December 17, 2009. The Veteran's lumbar spine DDD has also been granted a 10 percent rating, effective from the same date.