Radiculopathy & sciatica decisions — 2022

The Board has granted service connection for the Veteran's low back disorder, right lower extremity radiculopathy, right shoulder disorder, right rib disorder, and right kidney disorder as secondary to his service-connected left knee disability. A separate 20% rating is also granted for instability of the left knee.

The Board has remanded three issues: service connection for a right leg disability, an initial rating in excess of 10 percent for a lumbar injury with low back pain, and an initial rating in excess of 20 percent for radiculopathy affecting the femoral nerve of the right lower extremity. The Veteran's claims are remanded due to lack of a Statement of the Case (SOC) on service connection for a right leg disability, need for updated VA treatment records, and need for new VA examinations.

The Veteran's back disability, right and left sciatic nerve radiculopathies, and right and left femoral nerve radiculopathies have been granted initial ratings of 20 percent each from April 20, 2009. The rating for the right femoral nerve radiculopathy is limited to a 10 percent rating from April 13, 2015 to December 19, 2019 and a 20 percent rating thereafter.

The Veteran's low back disability, cervical spine disorder, and right lower extremity sciatic nerve radiculopathy have been granted increased ratings. Additionally, the Veteran has been granted TDIU.

The Veteran's service-connected disabilities are sufficient to render her unemployable, and the Board has granted a TDIU. The cervical spine disability is remanded for further examination.

The Veteran's stomach disorder is not currently service-connected.,A compensable rating for hemorrhoids has been dismissed.,Service connection for major depressive disorder with anxiety has been granted.,Service connection for lumbar spine strain, arthritis and IVDS has been granted.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have been granted as secondary to the low back disorders.,Service connection for obstructive sleep apnea has been granted.,The Veteran's stomach disorder is not currently service-connected.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, based on his education, skills, training, and work history.

The Veteran's back disability is granted service connection. Other issues are remanded for further development.

The Veteran's claims for increased ratings for his bilateral lower extremity peripheral neuropathy of the sciatic and femoral nerves are denied. The Board found that the current severity of the Veteran's symptoms does not warrant a higher rating at any point during the appeal period.

The Veteran's service-connected disabilities did not render him unemployable prior to January 25, 2015. The Board found that the Veteran was able to perform light physical or sedentary work and had a stable income before his unemployment.

The Board has decided to remand the case due to incomplete VA examination and lack of specific records related to the Veteran's back injury during service. The Veteran is seeking service connection for his low back (tailbone) injury with bilateral sciatica, which he claims occurred while serving as a carpentry specialist in 1979-1981.

The Board has remanded the claim for service connection for a back disability due to deficiencies in the VA examination and lack of substantial compliance with previous remand instructions.

The Veteran's spine disability is remanded for a more contemporaneous examination, and his claims for sciatica in both lower extremities are also remanded. The case will be readjudicated after the additional development.

For the rating period from December 3, 2012 to September 26, 2018 and from September 26, 2018 forward, an increased disability rating of 40 percent for the lumbar spine disability is granted.,For the initial rating period from May 6, 2015 to September 26, 2018, a higher initial disability rating in excess of 10 percent for right lower extremity sciatic nerve radiculopathy is denied.,For the initial rating period from May 6, 2015 to September 26, 2018, a higher initial disability rating in excess of 10 percent for right lower extremity femoral nerve radiculopathy is denied.,For the initial rating period from September 26, 2018 forward, a higher (compensable) initial rating for right lower extremity femoral nerve radiculopathy is denied.

The Veteran's claims for service connection and initial compensable rating for various conditions are being remanded due to the need for additional examinations and opinions.,Multiple issues related to hearing loss, eye injuries, back disorders, sciatica, foot problems, shoulder conditions, sleep apnea, hypertension, liver and kidney disorders, respiratory conditions, skin conditions, and athlete's foot have been identified. The Veteran will be scheduled for further evaluations to determine the nature and etiology of these conditions.

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the need for additional development.

The Board has remanded several claims for additional medical opinions and to obtain relevant records, including from Social Security Administration (SSA). The issues include service connection for various conditions such as right shoulder disability, left shoulder disability, carpal tunnel syndrome, flat feet, edema, fibromyalgia, rheumatoid arthritis, sleep apnea, headache disorder, head injury residuals, and an acquired psychiatric disorder other than insomnia.

The Board has remanded the claims for additional development, including obtaining medical opinions regarding the etiology of the Veteran's claimed disabilities and scheduling VA examinations.

The claims for higher ratings for mild arthritic changes of the lumbar spine and compensable disability rating for a lumbar spine surgical scar have been dismissed.,A 60% disability rating has been granted for service-connected right lower extremity sciatic nerve radiculopathy, and another 60% disability rating has been granted for service-connected left lower extremity sciatic nerve radiculopathy.

The Veteran's appeals for service connection and increased ratings were dismissed. The Board also granted a TDIU based on her service-connected disabilities.