Radiculopathy & sciatica decisions — 2022

The Board has granted the Veteran's claim for service connection for bilateral upper extremity numbness, finding that it had its onset during service. The issue of whether a cervical spine disorder is related to service was also addressed and found in favor of the Veteran.

The Veteran's appeals for increased ratings for lumbar spine and right lower extremity radiculopathy were denied as the medical evidence did not support a rating in excess of the current assigned ratings.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of the left and right upper extremities due to insufficient medical opinion regarding the etiology of his symptoms.

The Board has decided that the Veteran's obstructive sleep apnea is service connected. The other issues are remanded for further examination and/or development.

The Veteran's RUE radiculopathy is currently rated at 40 percent, but the Board has granted a higher rating of 70 percent effective January 25, 2022.,The Veteran's LUE radiculopathy remains rated at 30 percent.

The Board dismissed all claims for increased ratings as the Veteran died during the appeal process.

The Veteran's service-connected disabilities, including PTSD, back disability, bilateral lower extremity radiculopathy, and right ankle disability, have prevented him from securing or following a substantially gainful occupation throughout the appeal period. The Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the cases for further development and readjudication, including obtaining additional VA treatment records. The issues of entitlement to higher ratings for low back disability and left lower extremity radiculopathy are also on appeal.

The Veteran's lumbar strain with IVDS and associated bilateral lower extremity radiculopathy are being remanded for a new examination to assess the severity of his service-connected conditions.

The Veteran's claim for an earlier effective date for the grant of a 10 percent rating for left lower extremity radiculopathy is granted. The claim for a higher rating for LLE radiculopathy remains remanded. Service connection claims for CAD and hypertension are also remanded.

The Veteran's rating for chronic degenerative disc disease with bilateral lower extremity radiculopathy is denied as the disability does not meet the criteria for a higher rating.

The Veteran is granted service connection for degenerative disc disease with an L5 herniated disc and left lower extremity radiculopathy, which the Board finds to be related to his military service.

The Board has remanded several issues for further development and examination. The Veteran's appeal of the remaining issues is dismissed due to withdrawal by the Veteran.

The Veteran's appeal regarding the reduction of his disability rating for radiculopathy of the right lower extremity from 40 percent to 10 percent effective January 1, 2019 has been dismissed due to the Veteran's withdrawal.

The Board has granted service connection for a lumbar spine condition, left lower extremity radiculopathy of the sciatic nerve as secondary to degenerative disc disease of the lumbar spine, and right lower extremity radiculopathy of the sciatic nerve as secondary to degenerative disc disease of the lumbar spine. The Board found that the Veteran's pre-existing lumbar spine condition was aggravated by service.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is remanded for further VA examinations to determine the nature and etiology of his left knee disability, as well as the severity of his major depressive disorder. The issues are inextricably intertwined with these matters.

The Board has remanded the Veteran's claims for increased ratings for his low back disability, left and right lower extremity radiculopathy due to insufficient evidence in the record regarding the extent of range of motion during flare-ups. The claims are being returned for further development.

The Board has remanded the case for additional development, including obtaining a new medical opinion regarding the etiology of the Veteran's back disorder and left lower extremity radiculopathy. The issues of service connection for these conditions are inextricably intertwined with the issue of TDIU.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to accurately assess his service-connected disabilities.