Radiculopathy & sciatica decisions — 2022

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, specifically degenerative arthritis of the spine with IVDS, left knee meniscus tear and Baker's cyst with degenerative changes, right knee degenerative arthritis, and left and right lower extremity sciatic and femoral nerve paralysis disabilities. Obesity was considered an intermediate step in this progression.

The Veteran's appeal is being remanded due to the need for additional medical examination and records. The issues include evaluating his lumbar spondylosis, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board has remanded the case due to insufficient evidence regarding whether a separate rating for cervical radiculopathy is warranted as part of the Veteran's service-connected cervical spine disability. A new VA examination is needed to assess both conditions.

The Veteran requested to withdraw his appeal, and the Board dismissed it as a result.

The Board denied ratings in excess of 40 percent for bilateral sciatic nerve neuropathy and 20 percent for bilateral femoral nerve neuropathy, finding that the Veteran's conditions met the criteria for a 40 percent evaluation for bilateral sciatic nerves and a 20 percent evaluation for bilateral femoral nerves.

The Veteran's service-connected disabilities, including traumatic brain injury residuals, lumbosacral spine intervertebral disc syndrome with degenerative joint disease, PTSD, and other conditions, render him unable to secure or follow substantially gainful employment. The Board has also determined that the Veteran meets the criteria for basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Board granted an effective date of May 25, 2010 for the grant of service connection for right and left lower extremity radiculopathy. The Veteran's combined rating is now at least 70% due to his disabilities.

The Veteran withdrew her appeal regarding service connection and increased ratings for various conditions, including left sciatic nerve pain, muscle spasms, body rash, vertigo, gastroesophageal reflux disease, fibroids, and migraine headaches.

The Veteran's service-connected disabilities precluded him from being able to secure or follow substantially gainful employment from January 1, 2018. The Board granted a TDIU effective January 1, 2018.

The Board has remanded the claims of increased ratings for bilateral lower extremity radiculopathy and TDIU due to inadequate examination findings. The Veteran is also asked to undergo an addendum examination to determine the severity of his radiculopathy.

The Board has remanded the case for further action on the rating of the lumbar spine disability, as well as service connection issues.

The Veteran's service-connected disabilities, including PTSD, cervical spine disorder, left shoulder and radiculopathy, rhinitis, deviated septum and sinusitis, have prevented him from securing or maintaining substantially gainful employment since January 1, 2013. The Board has granted an earlier effective date of January 1, 2013 for the TDIU.

The Veteran's claim for a rating in excess of 40 percent for his low back disability from February 10, 2014 is denied. The claim for TDIU prior to October 6, 2011 is also denied.

The Board has determined that the Veteran does not have a current Traumatic Brain Injury (TBI) or any residuals thereof. The issues of service connection for vertigo, back disability, and related conditions are remanded due to the need for additional development.

The Board denied service connection for various conditions, including bilateral pes planus, right and left ankle arthritis, lower back arthritis, cervical spine disorder, right hip condition, left hip condition, major depression, right leg radiculopathy, right arm radiculopathy, erectile dysfunction (ED), left knee replacement, and right knee disability. The denial is based on the conclusion that these conditions did not pre-exist service or were not aggravated by service.

The Veteran's claims for increased ratings for various service-connected disabilities have been denied. The Board found that the evidence did not support a higher evaluation for any of the conditions.

The Veteran's service-connected lower extremity and cervical radiculopathies have been granted increased ratings, with the left upper and right upper extremities receiving a 30% rating and 40% rating respectively.

Your claims for service connection have been granted, but the decision is a full grant of the benefits sought.

The Board has dismissed the Veteran's appeals for a rating in excess of 10 percent for service-connected right lower extremity radiculopathy (femoral nerve) and sciatic nerve, as well as his claim for TDIU due to a processing error.

The Veteran's radiculopathy of the left and right lower extremities has been rated at 40 percent since October 28, 2019. The Board finds that a higher rating is not warranted as the evidence does not show more than moderately severe incomplete paralysis.