Radiculopathy & sciatica decisions — 2022

The Veteran's cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy have been granted service connection. The effective date is not specified.

The Veteran's back conditions have been rated based on their severity and the impact they have had on her mobility. The issues of service connection for other conditions are still pending.

The Board granted restoration of the 40 percent rating for bilateral hearing loss and denied increased ratings for other conditions, as well as a TDIU.

The Board denied service connection for polymyositis, sleep apnea, type II diabetes mellitus, right and left ankle disabilities, as well as higher initial ratings for radiculopathy of the left sciatic nerve, left femoral nerve, and degenerative changes in both knees.

The rating reductions for low back disability and left lower extremity radiculopathy from 20% to 10% are restored.,A temporary total rating based on hospitalization is denied.

The Board has remanded the Veteran's claims for service connection for bilateral upper extremity radiculopathy due to conflicting evidence regarding aggravation of his service-connected thoracolumbar spine disorder.

The Board granted service connection for a back disability, bilateral hearing loss, and tinnitus. The claim for compensation under 38 U.S.C. § 1151 for residuals of esophageal surgery was remanded.

The Board denied service connection for various disabilities, including right and left shoulder, elbow, carpal tunnel syndrome, sleep apnea, ankle, cervical spine, upper extremity radiculopathy, and lumbar strain.

The Board has decided to remand the cases for further development and evaluation due to new evidence of worsening symptoms. The Veteran's lumbar spine disability and left leg radiculopathy are being evaluated again, and a TDIU claim is also being referred for consideration.

The Board has determined that the Veteran's degenerative disc disease with bilateral lower extremity radiculopathy is related to his in-service fall from a naval ship, and thus service connection for this condition is granted.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, but the Board finds that his symptoms do not warrant a higher rating as they are more consistent with moderate disability rather than moderately severe.

The Veteran's claims for increased ratings for his service-connected back disability and radiculopathy were denied. The rating for the back disability was maintained at 20% from August 27, 2012 to March 19, 2013, and then reduced to 40%. Ratings for radiculopathy of both legs have also been denied.

The Veteran's combined effects of service-connected PTSD, low back disability, cervical spine disability, right hip disability, and bilateral lower extremity radiculopathy rendered him unable to secure and follow a substantially gainful occupation prior to October 21, 2019.

The Veteran's appeals for service connection for bilateral eye floaters, chalazion, radiculopathy of right lower extremity, and radiculopathy of left lower extremity have been dismissed as the claims were withdrawn by the Veteran during a hearing. The AOJ has already granted service connection for radiculopathy of the bilateral lower extremities secondary to his service-connected back disability.

The Veteran's initial claim for allergic rhinitis and sinusitis was denied, as the evidence did not show polyps or greater than 50 percent obstruction of nasal passages on both sides.,For GERD, the Veteran's initial rating prior to October 8, 2019 was granted at 30%, but it was remanded from that date onwards due to lack of sufficient symptoms.

The Veteran's radiculopathy of the right and left lower extremities is granted on secondary basis to his service-connected thoracolumbar muscle strain.,Initial ratings for radiculopathy of the right and left lower extremities are granted at 10 percent.

The Board has found that the claims for cervical spine, lumbar spine, right arm, left lower extremity (radiculopathy), and right lower extremity (radiulopathy) disabilities are inextricably intertwined with the service connection claims. The Board also finds that the depression claim is impacted by these service connection claims. These issues have been remanded for further development.

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance of another person, as well as preventing him from securing or following a substantially gainful occupation. The Board has granted special monthly compensation based on the need for regular aid and attendance and a total disability rating due to individual unemployability.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, and therefore the claim for a total disability evaluation based on individual unemployability (TDIU) is denied.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and associated lower extremity radiculopathy, as well as a claim of service connection for a sleep disorder. The claims are being remanded to obtain additional evidence and provide further evaluations.