Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected spondylolisthesis and left leg radiculopathy are rated at 40 percent and 10 percent, respectively. The claim for secondary service connection for sleep apnea is granted.

An initial 20% rating for low back disability was granted prior to November 1, 2019 and an initial 40% rating from that date onwards. A 10% rating for left lower extremity radiculopathy is denied prior to October 1, 2021.,A 10% rating for right lower extremity radiculopathy is denied prior to October 1, 2021. The issue of TDIU has been raised in conjunction with the rating claims now on appeal due to the Veteran's inability to work as a result of her service-connected disabilities.,The claim for increased ratings for left and right lower extremity radiculopathy prior to October 1, 2021 is denied.

The Veteran's low back disability is granted a 20% rating beginning December 19, 2011 and denied any higher ratings. The neck disability is granted a 10% rating from August 18, 2017 onwards. The right shoulder disability remains at a 20% rating.,The Veteran's radiculopathy of the left upper and middle radicular group is granted a 30% rating beginning March 29, 2019.

The Veteran's right ankle collateral ligament sprain is granted as service-connected, with the disability being related to an in-service injury during ACDUTRA.,Right upper extremity cervical radiculopathy is granted as secondary to a service-connected cervical spine disability. The Board found that the Veteran's current condition was aggravated by his military service.

The Veteran's lumbosacral strain and radiculopathy of the femoral nerve (left and right lower extremities) and sciatic nerve (left and right lower extremities) have not manifested functional impairment equivalent to forward flexion limited to 30 degrees or favorable ankylosis of the entire thoracolumbar spine, resulting in a denial for higher ratings.,The Veteran's radiculopathy of the femoral nerve has not manifested functional impairment equivalent to moderate incomplete paralysis, resulting in a denial for higher ratings.

The Board denied the Veteran's claims for service connection for hypertension, bilateral cataracts, bilateral pes planus, left ankle condition, lumbar spine intervertebral disc displacement with spondylosis, right sciatic nerve condition, and left sciatic nerve condition.

The Board has remanded the claims of service connection for back disability, radiculopathy (left and right lower extremities), and asthma due to additional VA treatment records being added to the claim file.

The Veteran's service connection claims for various conditions were denied as new and material evidence was not received to reopen the claims. The claim for hypertension is also denied.

The Veteran's claim for a higher rating for his lumbar spine disability and radiculopathy of the left lower extremity prior to June 5, 2017 is denied as there is no evidence of ankylosis or incapacitating episodes requiring physician prescribed bed rest.

The Veteran's lumbosacral strain with DJD is rated at 20 percent prior to January 11, 2021 and denied for a rating in excess of 20 percent thereafter. The left lower extremity radiculopathy is also rated at 20 percent.

The Board has remanded the cases due to incomplete information from a previous VA examination, specifically regarding range of motion testing and pain levels. The Veteran's cervical spine disability and left upper extremity radiculopathy need further evaluation.

The Veteran's appeal for a higher disability rating for his service-connected bilateral sciatic radiculopathy is denied. The issue of service connection for a neurovascular disorder is remanded.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU. The issues regarding cervical discectomy scar, lumbar spine degenerative arthritis, cervical spine discectomy, left lower extremity radiculopathy, and right lower extremity radiculopathy are all remanded for further examination.

The Board has remanded the Veteran's claims for service connection for right foot plantar fasciitis and right-side sciatica/radiculopathy as secondary to his service-connected back disability due to insufficient medical evidence in the record. The Veteran is required to provide a VA examination to determine the nature and etiology of these conditions.

The Board has dismissed the Veteran's appeals for increased evaluations of his service-connected disabilities and for SMC based on need for aid and attendance or housebound status.

The Veteran's lumbar spine disability and associated right sciatic radiculopathy are being remanded for further evaluation due to the possibility of increased severity since his last VA examination in March 2020.

The claim for service connection for bilateral hearing loss was denied due to lack of current disability. The claim for left lower extremity radiculopathy was denied as part of the January 2003 rating decision, which is final. The claims for vertigo and sunburn scars were addressed in the August 2016 rating decision.

The Veteran's TDIU claim was denied as he did not meet the criteria for a TDIU based on his service-connected disabilities prior to June 17, 2015.

The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and the issue of an increased rating for right lower extremity radiculopathy, sciatic nerve is remanded.

The Veteran's appeal for a higher rating for right lower extremity radiculopathy was denied, while the appeal for a higher rating for lumbar spine strain with intervertebral disc syndrome is pending and remanded.