Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, warranting a TDIU on an extraschedular basis.

The Board has granted a 40 percent rating for right and left lower extremity radiculopathy of the sciatic nerve. The case is remanded to determine if a higher rating is warranted for degenerative arthritis of the lumbar spine.

The Board denied the Veteran's claim for service connection for a nerve disability of the right leg, to include sciatica, finding that there is no evidence of such condition during or recent to the pendency of his claim.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's back condition and bilateral lower extremity radiculopathy, due to inadequate previous examinations.

The Veteran's radiculopathy of the lower extremities is being remanded for additional development to determine the severity prior to June 1, 2021.

The Veteran's prostate cancer is granted service connection due to presumed exposure to herbicide agents during his service in Thailand. The back condition and right lower extremity radiculopathy are remanded for further development, including obtaining an addendum opinion from a VA examiner.

The Board has remanded the claims of service connection for left lower extremity radiculopathy and right leg shortening due to pending issues with lower spine and right lower extremity radiculopathy disorders.

The Veteran's mood disorder with depressive features and PTSD is currently rated at 50 percent, which does not meet the criteria for a higher rating.,The Veteran's obstructive sleep apnea is currently rated at 50 percent, which meets the criteria for use of a breathing assistance device such as a CPAP machine.

The Board has decided to remand the case due to incomplete VA examination reports and the need for an addendum opinion addressing all diagnosed neurological disorders in the upper and lower extremities.

The Board has remanded the claims for service connection due to inadequate opinions regarding the nature and etiology of the Veteran's claimed disabilities, including bilateral carpal tunnel syndrome, low back condition, and lower extremity radiculopathy.

The Veteran's initial rating for chronic lumbosacral paraspinal spasms was denied, but a higher rating of 20 percent was granted for lumbar radiculopathy of the left lower extremity since November 15, 2021. The rating for instability of the left knee and limitations on flexion and extension were also granted.

The Veteran's LUE cervical radiculopathy is remanded for additional development, including obtaining VA and private treatment records and scheduling a VA examination to assess the current severity of his service-connected condition.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection due to conflicting evidence and the need for clarification of his contentions. The issues have been remanded for further development.

The Board has granted an effective date of December 16, 2005 for the grant of service connection for Left S1 radiculopathy. The claims for higher evaluations for left and right lower extremity radiculopathy and TDIU prior to February 4, 2019 are remanded.

The Board has granted a 20 percent disability rating for radiculopathy of the right lower extremity. The Veteran's claims for service connection for heart disorder, right knee disorder, and left knee disorder are remanded due to insufficient medical opinions.

The Veteran's lumbar spine disability is rated at 20 percent, but the Board has determined that additional development is needed due to conflicting evidence and inconsistencies in the examination reports. The claims for left and right lower extremity radiculopathy disabilities are also remanded.

The Veteran's migraine headaches are rated at the maximum schedular rating of 50 percent. The Veteran's hemorrhoids are rated at a noncompensable disability rating, but no more. A disability rating in excess of 10 percent for left lower extremity radiculopathy since August 8, 2019 is granted.

The Veteran's service-connected disabilities, including a neck condition and upper extremity radiculopathy, prevent him from obtaining or maintaining gainful employment. The Board has granted entitlement to an extraschedular total disability rating based on individual unemployability (TDIU) for the entire period of appeal.

The Board has decided to remand the case due to the need for additional medical opinions regarding whether obesity, caused or aggravated by service-connected conditions, is a substantial factor in causing the Veteran's sleep apnea.