Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities, including a mood disability and multiple orthopedic disorders, have rendered her unable to secure and follow a substantially gainful occupation since October 16, 2013. The Board has granted a TDIU from that date.

The Board has remanded the Veteran's claims for an initial evaluation in excess of 20 percent for radiculopathy of both left and right lower extremities due to a need for a retrospective opinion regarding the severity of his service-connected condition.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment due to his back disability, tinnitus, and allergic rhinitis.

The Veteran's radiculopathy of the left lower extremity is restored to a 20 percent rating effective November 5, 2015. From January 30, 2018, he is granted a disability rating of 40 percent.

The Veteran's claims for earlier effective dates are dismissed. The Board finds in favor of the Veteran on his claim for service connection for obstructive sleep apnea (OSA).

The Board has found that the Veteran does not have a left or right foot disability related to service, and has remanded for further examination and opinion regarding fibromyalgia, residuals of in-service gynecological conditions, low back disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.

The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to November 8, 2016. The Board found that his employment history and education level were sufficient to support his claim of unemployability.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional examinations and development of records.

The Veteran's other specified trauma and stressor related disorder is granted a 50 percent rating, but no higher. The ratings for degenerative arthritis of the thoracolumbar spine and left lower extremity (LLE) sciatica are remanded due to insufficient evidence.

The Board has decided that the Veteran's claims for increased ratings and TDIU are remanded due to inconsistencies in the September 2021 VA examination findings.

The Board has granted service connection for colon cancer and denied vitamin D deficiency. The remaining issues are remanded for further development.

The Veteran's right and left upper extremity peripheral neuropathy, to include carpal tunnel syndrome, have been granted increased ratings of 40 percent each. The Veteran's peripheral neuropathy of the right lower extremity sciatic nerve has been granted an increased rating of 20 percent. The Veteran's peripheral neuropathy of the left lower extremity sciatic nerve and both lower extremity anterior crural nerves have not met criteria for higher ratings.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining updated VA outpatient treatment records and scheduling the Veteran for a VA examination.

The Board has remanded multiple issues for further development, including new examinations to assess the Veteran's knee and spine disabilities. The appeals of the ratings assigned for these conditions are also being remanded due to inconsistencies in previous examination reports.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted a TDIU from November 5, 2015.

The Board has granted service connection for right lower extremity radiculopathy and/or neuropathy, finding that the condition is related to the Veteran's service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for lumbosacral spine disability, radiculopathy of the left leg, and erectile dysfunction due to inadequate medical opinions in the May 2021 decision. The cases are now pending further development.

The Veteran's claims for earlier effective dates of November 7, 2002 for service-connected spondylolisthesis and radiculopathy are granted.

The Veteran's RLE and LLE radiculopathy have been granted effective as of November 19, 2015.,A rating of 40 percent has been assigned for both RLE and LLE radiculopathy since that date.

The Board has denied the Veteran's claims for effective dates prior to September 11, 2013, for service connection of his back disability and related lower extremity radiculopathies. The appeal is remanded for further development.