Radiculopathy & sciatica decisions — 2022

The Board has dismissed the Veteran's appeals for service connection as they have already been granted in a January 2020 rating decision.

The Veteran's mechanical low back pain and bilateral leg radiculopathy have been remanded for further development.,Service connection for a left hip disorder, TDIU, increased ratings for mechanical low back pain, and increased ratings for bilateral leg radiculopathy prior to November 10, 2021 are also remanded.

The Board has granted service connection for the Veteran's back disability and bilateral lower extremity radiculopathy as secondary to his back disability.

The Veteran's claim for an initial 40 percent evaluation for service-connected lumbar spine disorder is granted. The claim for a TDIU from April 12, 2013 is also granted.

The Board has determined that the Veteran's claims for TBI, vertigo, and related disabilities are inextricably intertwined with his claims for back disability and radiculopathies or neuropathies of the lower and upper extremities. Therefore, these issues have been remanded to allow for further development.

The Veteran's gout was granted service connection on a presumptive basis as it manifested within one year of separation from active duty.,Service connection for the low back disability is granted, with the condition having been continuous since discharge from service.

The Veteran's cervical spine condition is rated at 20 percent, which is the maximum rating available under VA regulations.,Prior to January 8, 2022, his left upper extremity radiculopathy was rated at 20 percent. From January 8, 2022, it was rated at 30 percent.,His right upper extremity radiculopathy is currently rated at 40 percent.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and intervertebral disc syndrome, lumbar radiculopathy (sciatic nerve) of the right lower extremity, and lumbar radiculopathy (sciatic nerve) of the left lower extremity due to the need for an addendum opinion regarding the severity, frequency, and duration of any flare-ups and after repeated use over time.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, particularly diabetes mellitus, peripheral neuropathy, and erectile dysfunction. The Board granted TDIU for the period from March 29, 2007, to April 28, 2009.

The Veteran's service-connected disabilities did not render him bedridden or in need of regular aid and attendance, thus his claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person was denied.

The Board has granted service connection for obstructive sleep apnea and cervical spine disabilities, as well as secondary service connection for radiculopathy of the upper left and right extremities. The claims for residuals of a tonsillectomy (secondary to OSA) and degenerative arthritis of the shoulders are remanded.

The Veteran's claims for increased ratings were granted, with the exception of his claim for a higher rating for left lower extremity radiculopathy from August 6, 2020 forward. The combined disability rating exceeded 90 percent since August 18, 2008.

The Board dismissed all the issues in this appeal due to the appellant's withdrawal of the appeal prior to the decision being made.

The Board has remanded the case due to deficiencies in the discussion of past severity and functional effects of the Veteran's back disability, as well as the need for a retrospective medical opinion assessing the neurological impairment associated with her back disability. The TDIU claim also requires additional examination.

The Board has granted the Veteran's claims for service connection for a cervical spine disability, bilateral upper extremity radiculopathy, an acquired psychiatric disorder, and tension headaches as secondary to his service-connected disabilities.

The Board has determined that the Veteran's claims for cervical spine disability, bilateral shoulder disability, bilateral arm disability, bilateral hand disability, and bilateral upper extremity radiculopathy are not supported by evidence of a nexus to service. The VA examiners found no direct link between these conditions and active duty.

The Veteran's radiculopathy of the left lower extremity affecting the sciatic nerve is granted with a rating of 20 percent effective January 4, 2020. The Veteran's radiculopathy of the right lower extremity affecting the sciatic nerve is also granted with a rating of 20 percent effective January 4, 2020.

The Veteran's costochondritis is rated as noncompensable, with no functional impairment noted on examination. The lumbar spine disability does not meet the criteria for a higher rating due to lack of ankylosis or other disabling symptoms.,The Veteran's lumbar spine disability has been remanded for further evaluation.

The Veteran's service-connected disabilities have potentially increased in severity, and current examinations are needed to accurately assess the current level of severity. Additionally, the issue of entitlement to TDIU prior to November 9, 2020 is inextricably intertwined with the increased rating claims on appeal.

The Veteran's appeals regarding increased ratings for PTSD, various peripheral neuropathies, and effective dates have been dismissed.,The Veteran's appeal regarding a low back disability has been remanded.