Radiculopathy & sciatica decisions — 2022

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy as secondary to the service-connected low back disability, finding that all criteria for service connection have been met.

All appeals for service connection and evaluations have been dismissed. A TDIU is granted from January 30, 2018.

The Board has remanded three issues related to the Veteran's lumbar spine disability and left lower extremity radiculopathy. The ratings for these conditions remain unchanged, but their effective dates are being reconsidered.

The Board has remanded the case due to issues related to sleep apnea, including its relationship to service-connected conditions and a possible nasal fracture. Additional evidence is needed for proper evaluation.

The Veteran's claims for increased ratings for PTSD and radiculopathy of the right lower extremity were denied. The Veteran is not entitled to a disability rating greater than 30 percent prior to August 9, 2018, or greater than 50 percent thereafter, for PTSD.

The Board has remanded the Veteran's claims for further development and readjudication due to errors in previous decisions.

The Veteran's bilateral hearing loss and lower extremity disorder were not shown to be related to service, while GERD and COPD/bronchitis were diagnosed during his lifetime.,Service connection for the claimed conditions is being remanded due to insufficient medical opinions regarding their etiology.

The Board has remanded the Veteran's claims for increased disability evaluations due to inadequate VA examinations and missing medical records.

The Board has granted service connection for a low back disability, but the issues of earlier effective dates for PTSD and TDIU are remanded. The Veteran's OSA and radiculopathy claims are also remanded.

The Veteran's radiculopathy of the lower extremities is granted with an effective date of October 4, 2011. A higher rating for sciatic nerve radiculopathy is granted but no higher than 40 percent. The Veteran's chronic mechanical low back syndrome is granted at a 40 percent rating from December 18, 2012 onwards and SMC benefits are granted on account of loss of use of both feet beginning October 4, 2011.

The Veteran's claim for a higher rating for left lower extremity radiculopathy was denied. The Board found that the symptoms did not meet criteria for an evaluation in excess of 10 percent prior to March 9, 2016 and 20 percent beginning December 7, 2021.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the IVDS Formula.

The Board has denied the Veteran's claims for service connection for right knee, left knee, and right leg disorders due to a lack of evidence showing that these conditions began during or are otherwise related to active service.

The Veteran's claims for increased ratings for bilateral radiculopathy disabilities are granted with effective dates of March 1, 2013. The claim for a higher rating for his lower back condition is denied.

The Veteran's appeals regarding various conditions and ratings have been withdrawn by the Veteran's representative.,No new evidence has been received to reopen a claim for bilateral hearing loss.

The Board has remanded several issues related to the Veteran's service-connected conditions, including diabetes mellitus, right knee arthritis, peripheral neuropathy, and shoulder dislocation. The TDIU claim is also being remanded due to inextricably intertwined increased rating claims.

The appeal of the attorney fees eligibility issue is dismissed as the appellant waived his representation and thus, the underlying issue is moot.

The Veteran's service-connected disabilities (insomnia, low back injury residuals, right upper extremity radiculopathy, cervical spine injury residuals, and tinnitus) meet the criteria for a total rating for compensation purposes based on individual unemployability due to service connected disabilities. The Veteran is also eligible for TDIU benefits.

The Board has granted a rating of 20 percent for right knee arthritis and an initial rating of 20 percent for degenerative disc disease in the lumbar spine. The left lower extremity sciatic radiculopathy is rated at 60 percent effective October 5, 2020.

The Board has remanded the Veteran's claims for increased ratings due to incomplete records and the need for further VA examinations.