Radiculopathy & sciatica decisions — 2022

The Board has remanded several issues related to the Veteran's lumbar spine disability, sciatica of the left lower extremity, radiculopathy of the right lower extremity, and various nerve radiculopathies. The remand includes obtaining a retrospective medical opinion for the period prior to September 18, 2020, and scheduling examinations to assess current severity.

The Veteran's LLE and RLE femoral neuropathy are granted with a 30% evaluation as of October 31, 2018. The Veteran's LLE and RLE sciatic neuropathy are also granted with a 30% evaluation as of October 31, 2018.

The Veteran's appeal for a higher rating for peripheral neuropathy of the right and left lower extremities (sciatic nerve) prior to October 8, 2019, has been denied.,The Veteran's claim for TDIU based on service-connected disabilities prior to November 16, 2020, was also denied.

The Veteran's claims for liver disability, right and left upper extremity radiculopathy were denied as there was no evidence of a current diagnosis or service connection due to herbicide exposure in Korea.

The Board has granted service connection for left upper extremity carpal tunnel syndrome, right upper extremity carpal tunnel syndrome, a low back condition, and bilateral lower extremity radiculopathy due to the Veteran's service-connected low back disability. The decision is based on credible evidence of symptoms during service and resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the claims for higher ratings for lumbar spine disability, right and left lower extremity radiculopathy, and TDIU due to pre-decisional duty to assist errors.

The Veteran withdrew his appeals for service connection for TMJ and right lower extremity radiculopathy.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining SSA records and conducting a new VA examination.

The Board has granted earlier effective dates of September 1, 1993 for the Veteran's service-connected lumbar spine degenerative joint disease and bilateral lower extremity radiculopathy.

The Veteran's combined rating is now at 70 percent effective August 2, 2022. The claim for an earlier effective date was denied.,The Veteran's sciatic nerve radiculopathy has been rated as moderate and does not warrant higher evaluations.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error. The issues of entitlement to service connection for an acquired psychiatric disability, left wrist disability, right wrist disability, Meniere's disease, and left leg disability (sciatica) are all being addressed.

A disability rating of 20 percent, and not higher, for cervical spine degenerative disc disease with intervertebral disc syndrome is granted.,For the initial rating period on appeal from October 24, 2012 to November 14, 2021, a higher rating of 40 percent for right upper extremity radiculopathy is granted.,For the entire initial rating period on appeal from October 24, 2012, a disability rating in excess of 40 percent for right upper extremity radiculopathy is denied.,For the entire initial rating period on appeal from March 23, 2015, a higher initial disability rating in excess of 30 percent for left upper extremity radiculopathy is denied.

The Veteran's service connection claim for right lower extremity disability, to include peripheral neuropathy and radiculopathy, was denied. The Board found that the evidence did not support a finding of chronic in-service disability or continuity of symptomatology since service. Service connection was also denied for TDIU due to lack of VA treatment records.

The Veteran's hypertension claim is denied as there is no evidence of diastolic pressure predominantly 100 mm/Hg or more, systolic pressure predominantly 160 mm/Hg or more, or a history of diastolic pressure predominantly 100 mm/Hg or more requiring continuous medication for control.,The Veteran's knee disabilities and radiculopathy claims are remanded as the effective date prior to November 28, 2014, is not established in the record.,The Veteran's hypothyroidism claim is remanded as there is no evidence of a compensable rating for PSVT.,The Veteran's cervical spine and thoracic/lumbar spine claims are remanded as there is no evidence of entitlement to an increased rating.

The Veteran's claim for an effective date earlier than January 13, 2014 for the award of service connection for impairment of the upper radicular group of the right upper extremity, impairment of the sciatic nerve of the right lower extremity, and impairment of the sciatic nerve of the left lower extremity was granted.,The Veteran's claim for an effective date earlier than February 25, 2013 for a 20 percent rating for degenerative disc disease of the cervical spine was granted.

The Veteran's appeals for increased ratings and effective dates have been dismissed. The Board has also identified several issues that require further examination and consideration, including service connection for hypertension.,The Veteran was granted service connection for amputation of the left little toe and left little toe amputation scar on August 8, 2018.

The Veteran's increased rating claims and claim for service connection for an acquired psychiatric disorder are remanded due to the need for new VA examinations. The TDIU claim is also remanded as it may be impacted by these other claims.

The Veteran's TDIU claim has been withdrawn. The Board has remanded the issues of increased ratings for lumbar spine, bilateral knee, and bilateral lower extremity radiculopathy disabilities.

The Board has remanded the Veteran's claims for an initial rating in excess of 30 percent for PTSD, service connection for a left upper peripheral nerve disorder to include radiculopathy and left carpal tunnel syndrome, and service connection for right wrist carpal tunnel syndrome due to additional development being required.

The Board denied service connection for a back disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, jaw disorder, and GI symptoms (IBS and GERD).,Service connection was not granted as the evidence did not support a nexus between these conditions and service.