Radiculopathy & sciatica decisions — 2022

The Veteran's claims for increased ratings for degenerative arthritis of the spine and invertebral disc syndrome, as well as right lower extremity radiculopathy, were denied. The Board found that there was no evidence to support a finding of unfavorable ankylosis or severe incomplete paralysis, which are necessary for higher ratings.

The Board has remanded the claims for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and bilateral sciatica due to insufficient medical opinions in previous examinations.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the Veteran's asthma. Service connection is denied for a back disability and radiculopathy of the lower extremities.

The Board granted a rating of 40 percent for peripheral neuropathy (sciatic nerve) of the right lower extremity and a rating of 20 percent for peripheral neuropathy (sciatic nerve) of the left lower extremity. The ratings were denied for peripheral neuropathy (femoral nerve) of the right and left lower extremities.

The Veteran's bilateral hip arthritis and headaches have been granted service connection. The Veteran's chronic fatigue syndrome, lower extremity neurological disability (rhegulopathy), and atopic dermatitis were not granted service connection.

The Board has remanded the Veteran's claims for lower back condition and bilateral foot disabilities due to insufficient consideration of his lay statements regarding service-connected injuries.

The Veteran's claims for increased ratings and a TDIU are being remanded due to procedural issues related to the response period.

The Veteran's claim for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative joint and disc disease was denied. The claims for an initial rating of 10 percent, but no higher, from April 1, 2015 to December 21, 2021 for left lower extremity radiculopathy and a rating of 20 percent, but no higher, from December 22, 2021 were granted. The claim for an initial compensable rating for low back scar was denied. The Veteran's TDIU claim from August 11, 2020 was granted.

The Veteran's cervical strain and associated radiculopathy of the right upper extremity are currently rated at 30 percent prior to September 9, 2019, and 40 percent thereafter. The appeal is granted for a higher rating.

The Veteran's service-connected disabilities have resulted in the inability to obtain and maintain substantially gainful employment consistent with his education and occupational experience.

The Board has remanded the Veteran's claims for lower left extremity radiculopathy and upper left extremity radiculopathy, as well as his TDIU claim. The issues include seeking a higher disability evaluation, service connection, and TDIU prior to November 21, 2019.

The Veteran's appeal for a TDIU rating is dismissed as moot due to the assignment of a total disability evaluation. The appeals for increased ratings for low back and radiculopathy disabilities are remanded.

The Board granted service connection for a left knee disorder and an initial rating of 10 percent for associated lumbar spine radiculopathy, right lower extremity (RLE), effective June 29, 2015. The Veteran's claim was denied for a higher than 40 percent rating for RLE radiculopathy since November 15, 2021.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, which adequately reflects his symptoms.,The Veteran's degenerative arthritis of the lumbar spine is currently rated at 40 percent, and no higher as there is no evidence of unfavorable ankylosis.

The Board denied increased ratings for various service-connected disabilities, including a lumbar spine disability and right sciatic radiculopathy. The Veteran's left knee and hip disabilities were also addressed, with some issues resolved through restoration of prior ratings.

The Veteran's back disability is rated at 40 percent, effective November 9, 2015.,The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 40 percent, effective November 9, 2015.

The Veteran's back disability and associated radiculopathy issues are remanded for additional development, including obtaining medical records and a comprehensive examination to assess the severity of his disabilities. The TDIU issue is also remanded due to unclear employment history.

The Veteran's back disability and left lower extremity radiculopathy precluded substantially gainful employment from January 10, 2013 to June 14, 2016. The Board granted an extraschedular TDIU during this period.

The Board has decided to remand the case due to inadequate examination and opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to service-connected conditions or obesity.

The Board has determined that the VA remand instructions were not substantially complied with, and a new medical opinion is required to address the Veteran's neurological abnormalities possibly related to his thoracolumbar spine condition.