Radiculopathy & sciatica decisions — 2022

The Veteran's right lower extremity radiculopathy is rated at a 20 percent rating from July 29, 2010 to February 28, 2019. A higher initial rating of more than 20 percent for the entire appeal period is denied.

The Board denied the Veteran's claim for an earlier effective date for his TDIU rating, finding that the criteria were not met and that the decision was precluded as a matter of law.

The Board has determined that the Veteran's claims for increased ratings for loss of smell, loss of taste, chronic sinusitis, and left lower extremity radiculopathy are not granted. The Veteran is being requested to provide updated medical records and scheduled for VA examinations to determine current disability levels.

The Board has granted service connection for the Veteran's back disability, including degenerative arthritis of the spine with radiculopathy and intervertebral disc syndrome, finding that his current condition is related to an in-service injury.

The Veteran's back disorder, neck disorder, right shoulder disorder, left elbow disorder, and left knee disorder have been granted evaluations. The Veteran's right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), right upper extremity radiculopathy, and left upper extremity radiculopathy have also been granted evaluations. An effective date of September 30, 2020 has been established for these service connection awards.

The Veteran's appeals for effective dates earlier than December 8, 2017 for the award of service connection for various conditions have been denied. The Board has also remanded several issues including service connection for hearing loss of the right ear, lung disability, skin disability, radiculopathy of the right lower extremity, lumbar spine disability, and hearing loss of the left ear.

The Veteran's claim for a higher rating for chronic lumbar strain was denied as his condition did not meet the criteria for a higher rating under the applicable rating criteria.,The Veteran's claim for bilateral lower extremity radiculopathy prior to March 26, 2021 was denied due to lack of evidence of associated neurological abnormalities.

The Veteran's initial ratings for sleep apnea, lumbosacral strain with degenerative joint disease, and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has remanded the Veteran's claims for service connection and increased rating of his back disability, as well as his bilateral lower extremity radiculopathy. The AOJ is instructed to obtain private medical records and provide an addendum opinion regarding the secondary service connection of the radiculopathy.

The Board has dismissed the Veteran's appeals for service connection on all issues related to his claimed conditions, as the appellant withdrew these claims through their authorized representative.

The Veteran's claim for service connection for radiculopathy of the bilateral lower extremities, cervical spine disability, right shoulder disability, left shoulder disability, right knee disability, and left foot disability was granted with an effective date of December 17, 1997.

The Board has determined that additional development is needed for the issues on appeal, including a new VA examination to evaluate the Veteran's back disability. The remanded issues include evaluations for degenerative arthritis with retrolisthesis and service-connected residuals of gunshot wounds.

The Veteran's claims for increased ratings and remand were denied. The case was returned to the Board for further action.

The Veteran's initial disability ratings for right and left knee strain, stress fracture, limitation of flexion and extension are denied. She is granted a separate disability rating evaluated at 10 percent, but no higher, for right knee instability.

The Veteran's TDIU claim was denied as his combined disability rating is less than the required threshold for a total disability rating. The Board found that he could still perform some type of gainful employment despite his service-connected disabilities.

The Veteran's left carpal tunnel syndrome is granted service connection. The appeals for right wrist tendinitis, right upper extremity radiculopathy, right knee degenerative joint disease, and left knee degenerative joint disease are dismissed.

The Board has remanded the case due to non-compliance with previous directives, including obtaining VA treatment records and scheduling examinations. The TBI issue remains unresolved.

The Veteran's lumbar strain is now rated at 40 percent effective September 20, 2022.,The Veteran's radiculopathy of the right lower extremity (sciatic nerve) is now rated at 10 percent effective September 20, 2022.

The Veteran's initial compensable rating for scar status post left knee surgery is denied.,Service connection for a psychiatric disability, to include depression, is denied.,The claim for service connection for a trachea disorder secondary to service-connected lumbar spine DDD and spondylosis is remanded.,The Veteran's increased rating claims for the left knee disabilities are remanded.,The Veteran's increased rating claim for his lumbar spine disability prior to March 26, 2019 is remanded.,The Veteran's increased rating claims for radiculopathy of both lower extremities are remanded.,The Veteran's service connection claim for increased urinary frequency as secondary to service-connected lumbar spine DDD and spondylosis is remanded.,The Veteran's service connection claim for erectile dysfunction as secondary to service-connected lumbar spine DDD and spondylosis is remanded.,The Veteran's TDIU claim is remanded.

The Board has granted service connection for left lower extremity radiculopathy as secondary to the Veteran's service-connected low back disability. The appeal is remanded for further examinations and rating determinations on other issues.