Radiculopathy & sciatica decisions — 2022

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. A separate rating for radiculopathy of the right lower extremity is granted. The TDIU claim has been added to this appeal and requires additional development.

The Board has remanded the Veteran's claims for service connection for a right knee disability and low back strain with lumbar radiculopathy due to inadequate medical opinions addressing the theory of direct service connection.

The Board has remanded the Veteran's claims for hearing loss, tinnitus, back disability, lower extremity radiculopathy, and bilateral knee disabilities due to in-service noise exposure and service-connected conditions.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy are being remanded due to incomplete evidence. The VA is instructed to obtain private treatment records from several providers.

The Veteran's claims for increased ratings for radiculopathy of the left and right lower extremities have been denied. The Veteran was previously granted a 20 percent disability rating to his service-connected radiculopathy of the right lower extremity effective September 7, 2022.

The Board has remanded the Veteran's claims for increased ratings for her lumbar spine disability, right and left lower extremity radiculopathy. The issues are inextricably intertwined due to their connection to the Veteran's service-connected back disability.

The Board denied service connection for a right eye disorder, back injury, and left foot sprain. The Veteran's right eye disorder is not related to his active duty service or ACDUTRA/INACDUTRA. His back injury is not related to his military service. His left foot sprain is not related to his military service.,The Board found no evidence of a current diagnosis for the claimed conditions and concluded that there was insufficient medical evidence to support a nexus between the Veteran's active duty service and any diagnosed condition.

The Veteran's lumbar radiculopathy of the lower extremities has been rated at 10 percent, with a finding of mild incomplete paralysis. The femoral nerve involvement is also considered to be mild incomplete paralysis.

The Veteran's right knee osteoarthritis is granted a 10 percent rating effective January 14, 2014. A higher rating for the period prior to August 26, 2015, and from May 1, 2011, is denied.,Separate ratings are needed for superficial peroneal and deep peroneal nerve impairments. The Veteran's superficial peroneal and deep peroneal nerve impairments need further evaluation to determine if they overlap with his sciatic nerve impairments.,The Veteran's IVDS of the right sciatic nerve is denied a rating in excess of 20 percent from May 1, 2011. The Veteran's IVDS of the left sciatic nerve is also denied a rating in excess of 20 percent from May 1, 2011.

The Board has remanded the cases for further development and evaluation due to insufficient evidence, including a need for VA examinations.

The Board has remanded the case due to incomplete service treatment records and the need for a VA examination to determine if the Veteran's left lower extremity radiculopathy is related to his service, including his lumbosacral spine disability.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn led to his obstructive sleep apnea.

The Board has remanded the claims for a rating in excess of 20 percent prior to and after June 16, 2016, for mechanical low back pain with osteophytic formation; entitlement to a compensable rating prior to December 9, 2019, and a rating in excess of 10 percent on and after December 9, 2019, for left lower extremity radiculopathy. The remand also includes the issue of TDIU.

The Veteran's back disability is granted a 40 percent rating prior to July 26, 2022. The claim for greater than 40 percent ratings for the back disability is denied.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for spondylolysis of the thoracolumbar spine and radiculopathy of the left lower extremity (LLE) due to inadequate examination reports. The cases are being returned to the AOJ for further development.

The Board has remanded the claims for increased rating and service connection due to incomplete records. The Regional Office is instructed to obtain recent VA treatment records, review additional evidence, and adjudicate the right lower extremity radiculopathy issue.

The Board has remanded the Veteran's claims for urinary incontinence, RA, right and left lower extremity radiculopathy disorders, right foot skin disorder, left foot skin disorder, and right lower extremity disorder (metatarsalgia, hallux rigidus, shin splints) due to inadequate examination opinions. Additional development is needed.

The Board has granted an earlier effective date of July 1, 2015 for the award of a separate 60 percent rating for radiculopathy in the right lower extremity.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation since January 14, 2014.