Radiculopathy & sciatica decisions — 2022

The Veteran's post-traumatic degenerative disease of the lumbar spine is rated at 40 percent, but no higher. The rating for right and left lower extremity sciatica and radiculopathy remains at 20 percent.,Right and left lower extremity sciatica are each rated at 20 percent since June 25, 2004, and July 29, 2011 respectively. Right and left lower extremity radiculopathy were granted a 40 percent rating from October 29, 2021.

The Board has denied the Veteran's claims for service connection for residuals of a back injury and residuals of a left leg injury, finding that there is no evidence of chronic conditions during or immediately after service. The Board also found that any current symptoms are not related to service.

The Veteran's appeal is remanded for clarification of the evidence regarding his back pain and radiculopathy, as well as to ensure that all necessary development has been completed.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied. The Board finds that the evidence does not support a finding of unfavorable ankylosis, and therefore, a rating in excess of 40 percent is not warranted. However, the Veteran was granted TDIU based on his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to incomplete examinations and lack of supporting rationale. The issues include bilateral hearing loss, a back disability, radiculopathy of the right lower extremity (secondary to back disability), and hypertension (secondary to back disability).

The Board has determined that the Veteran's service-connected disabilities do not result in an inability to secure or follow substantially gainful employment, and therefore denied his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected conditions do not result in the need for aid and attendance of another person, as she can perform most activities of daily living with assistance when needed.

The Board has remanded the claims for lumbar spine disability, bilateral lower extremity radiculopathy, and TDIU due to inadequate VA examinations and failure to provide adequate reasons and bases.

The Board has granted service connection for the Veteran's lumbar spine disability, bilateral lower extremity radiculopathy, OSA as secondary to his deviated septum, and right hip strain.,Service connection is also granted for the Veteran's right knee disability as a contributing factor to his right hip strain.

The Board has remanded the Veteran's claims for cervical spine disability and bilateral upper extremity radiculopathy due to service-connected lumbar spine disability. The case requires additional medical opinions regarding the etiology of these conditions, specifically whether they are related to his service-connected disabilities or if obesity is a substantial factor in their development.

The Board has remanded the Veteran's claims of lumbar spine, bilateral lower extremity, and bilateral knee disabilities due to insufficient medical opinions regarding their etiology.

The Board has granted service connection for a lower back condition and left lower extremity radiculopathy, finding that these conditions are secondary to the Veteran's service-connected left hip disabilities.

The Veteran's appeal for a rating in excess of 20 percent for lumbar spine injury residuals with traumatic arthritis from February 4, 2009, to February 22, 2016 has been withdrawn. The Board finds that the Veteran has effectively withdrawn this issue and therefore it must be dismissed. The TDIU claim is remanded due to its interrelatedness with the radiculopathy claim.

The Board has remanded the Veteran's claims for service connection for back and stomach conditions due to insufficient medical opinions regarding their etiology. The Veteran testified that he injured his back during active service but did not seek treatment until after separation, while GERD was diagnosed as recently as November 2018.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to July 31, 2019.

The Board has granted service connection for the Veteran's cervical spine disability with bilateral radiculopathy of upper extremities, right lower extremity radiculopathy/sciatica/neuropathy, and bilateral peripheral neuropathy of upper and lower extremities. The claims were remanded due to need for additional medical opinions.

The Veteran's claims for service connection for a lumbar injury and left leg radiculopathy were reopened. The Board found that the evidence did not support direct service connection, but granted the claims as the Veteran has diagnosed conditions related to his in-service complaints.

The Board has restored the original ratings of 40% for each condition, effective June 1, 2017.

The Veteran's cervical radiculopathy of the right and left hand is granted service connection, as it is caused by his service-connected arthritis of the cervical spine. The Veteran's right knee disorder is denied as not related to service.

The Veteran's claim for an effective date prior to April 15, 2014 for the service-connected acquired psychiatric disability is denied.,The Veteran's claims for service connection for a colon cancer disability, lung cancer disability (secondary to colon cancer), and respiratory disability (secondary to colon cancer) are remanded due to insufficient evidence addressing their etiology.,The Veteran's claim for service connection for a lumbar spine disability, sciatic nerve disability, and hepatitis C disability is not addressed in this decision.