Radiculopathy & sciatica decisions — 2022

The Veteran's claims for increased evaluations and earlier effective dates for his service-connected lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Veteran's service-connected disabilities, including his low back and knee conditions, have resulted in the need for regular assistance with activities of daily living. The Board has found that these conditions meet the criteria for SMC based on the need for aid and attendance.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied, and the Board is remanding this issue.,New and material evidence has been received to reopen claims of service connection for a skin disorder, an acquired psychiatric disorder other than unspecified anxiety disorder with depression, a stomach disorder, a neck disorder, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, radiculopathy of the left upper extremity, radiculopathy of the right upper extremity, and radiculopathy of the left lower extremity. The Board is remanding these claims as well.

The Veteran's lumbar spine disability and right lower extremity radiculopathy have been granted initial ratings of 40 percent and 20 percent, respectively. The issue of entitlement to a nonservice-connected pension has also been granted.

The Veteran's claim for service connection for a right leg condition is denied as there is no current disability that began during or approximate to the pendency of the claim, beyond those already encompassed by other issues on appeal.,The Veteran's claims for an initial rating in excess of 10 percent for synovitis with femoro-acetabular impingement, pincer-type, right hip; limitation of flexion and extension of thigh, right hip; and service connection for a spinal disability, to include a coccyx condition, are remanded.

The Veteran's claims for higher ratings for his back disability and left lower extremity radiculopathy were denied. The claim for TDIU is being remanded.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to October 25, 2018, and a rating in excess of 20 percent on and after October 25, 2018, for lumbar spine injury residuals; an initial rating in excess of 10 percent for right lower extremity radiculopathy; and a separate rating for left lower extremity radiculopathy.

The Board has remanded several issues for further development and examination.,New evidence has reopened the previously denied claims of radiculopathy of the right lower extremity (claimed as right leg condition) and bilateral hearing loss.

The Board has denied the Veteran's claim for service connection for a bilateral foot disorder, finding that her current conditions are not related to her military service.

The Veteran's bilateral hearing loss is rated as noncompensable prior to May 20, 2015 and at least 10 percent thereafter. The claim for left lower extremity radiculopathy was denied due to lack of a current diagnosis. Service connection for the low back disorder and right lower extremity radiculopathy is remanded.,The Veteran's bilateral hearing loss disability has not been found compensable prior to May 20, 2015 and at least 10 percent thereafter. The claim for left lower extremity radiculopathy was denied due to lack of a current diagnosis. Service connection for the low back disorder and right lower extremity radiculopathy is remanded.

The Veteran's right knee condition is granted as secondary to his service-connected left knee disability.,The Veteran's right hip condition is granted as secondary to his service-connected left knee disability.,The Veteran's OSA is granted as secondary to his service-connected left knee disability with obesity as an intermediate step.

The Board has remanded the case due to deficiencies in a December 2020 VA medical opinion regarding service connection for obstructive sleep apnea (OSA) secondary to service-connected lumbosacral sprain with intervertebral disc syndrome (IVDS), radiculopathy, gastroesophageal reflux disease (GERD), and/or posttraumatic stress disorder (PTSD). The remand requires the Veteran's claim be reviewed by a qualified VA examiner who has expertise in sleep-related disorders to provide an addendum opinion addressing whether PTSD causes or aggravates OSA.

The Veteran's appeal for service connection for toenail fungus was dismissed as the Veteran requested to withdraw his appeal.,Service connection is granted for left lower extremity radiculopathy, with the condition proximately due to service-connected thoracolumbar spondylosis status post fracture at T11.

The Veteran's claims for effective dates prior to August 3, 2016, and increased ratings are being remanded due to the need for additional examinations.

The Board has vacated its previous decisions dismissing the Veteran's claims for increased ratings and remanded them. The issues of whether the reduction of a rating was proper, entitlement to TDIU, and other related matters are also being remanded.

The Board has denied the Veteran's requests for earlier effective dates for the grants of service connection and increased ratings, finding that it is not factually ascertainable that his cervical strain or lumbar strain increased in severity prior to the assigned effective dates.

The Board has remanded the cases for further development, including obtaining VA treatment records and scheduling a VA peripheral nerves examination to assess the severity of the Veteran's radiculopathy.

The Board has remanded several issues for further development, including service connection claims and a TDIU claim. The effective dates of the service connection decisions are not addressed in this decision.

The Veteran's right sciatic nerve disability is rated at 60 percent disabling, effective May 4, 2017. The condition is characterized by severe incomplete paralysis with marked muscular atrophy.

The Veteran's nasal disorder, sleep apnea, neck disorder, low back disorder, bilateral lower extremity numbness (left), and left-hand disorder are all granted as service-connected.,Service connection for the right-hand disorder and facial/mouth injury is also granted.