Radiculopathy & sciatica decisions — 2022

The Veteran's low back disability and associated radiculopathies have been granted initial ratings of 20 percent, but no higher, effective March 4, 2022.

The Board has granted service connection for a right upper extremity neurological disorder (rhegulopathy) due to the Veteran's service-connected neck disorder. The claim of service connection for a left upper extremity neurological disorder is remanded and requires further examination and medical opinion.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records. The TDIU claim will be held in abeyance until the increased rating issue is resolved.

The Veteran's radiculopathy of the right lower extremity is currently rated at 40 percent, effective March 4, 2017. The evidence supports this rating as it indicates moderately severe incomplete paralysis.

The Veteran's service-connected disabilities render him unemployable for the entire period on appeal, meeting the criteria for a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for a higher rating for thoracolumbar spine status post discektomy with radiculopathy was denied as his symptoms do not meet the criteria for a disability rating in excess of 20 percent.,The Veteran's claim for a higher rating for left lower extremity radiculopathy was also denied, as it is already rated at 10 percent.

The Board has remanded the Veteran's claims for additional development due to his failure to appear for scheduled VA examinations. The claims include ratings for radiculopathy, hearing loss, and a right knee disorder.

The Veteran's service-connected disabilities, including PTSD, bipolar disorder associated with IVDS, right knee total joint replacement, and other conditions, prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation prior to March 26, 2020. From that date, the Veteran meets the percentage requirements for consideration of TDIU.

The Veteran's claims for left shoulder disorder, degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy, and bilateral knee disorder have been denied.,Service connection has not been established for any of these conditions.

The Board has remanded the Veteran's claims for bilateral hearing loss, bilateral foot disorder, left lower extremity radiculopathy, right lower radiculopathy, right hip disorder, and left hip disorder due to insufficient evidence of a nexus between her current conditions and service.

The Veteran's service-connected disabilities, including cervical spondylosis, upper extremity radiculopathy, and left eye injury, have rendered him unable to secure or follow a substantially gainful occupation since January 19, 2018. The Board has granted TDIU from that date.

The Board has determined that additional development is necessary for the issues of service connection for a back disorder, left and right lower extremity radiculopathy, type II diabetes mellitus, and sleep apnea. The Veteran's representative argued that her service-connected ankle and knee disabilities caused or aggravated her obesity, which in turn caused or aggravated her claimed conditions.

The Board has remanded the service connection claims for PTSD, HTN, ED, and bilateral lower extremity radiculopathy due to additional development being required.

The Board denied the Veteran's claim for service connection for a back condition, finding that there was no evidence of chronic conditions in service or within the applicable presumptive period. The Veteran's lay testimony regarding his fall during service was not considered sufficient to establish a nexus between his current back conditions and service.

The Veteran's TDIU claim is denied as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation. The dental condition for compensation purposes issue is remanded due to insufficient evidence.

The Veteran's claim for service connection for a left knee disability has been reopened and is remanded. The claim for service connection for thoracolumbar spine DJD with degenerative spondylolisthesis, DDD, LE radiculopathy & IVDS (claimed as lower back condition) is also remanded.

The Veteran's PTSD is rated at 70 percent, but no higher. The ratings for lumbar degenerative disc disease and intervertebral disc syndrome, as well as right lower extremity radiculopathy, are remanded due to worsening symptoms since the last VA examinations in 2015. The TDIU claim is also remanded.

The Board has remanded the cases for further development due to inadequate VA examination reports and because of jurisdictional issues regarding separate neurological ratings. The Veteran's low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are all under consideration.

The Veteran's claim for a TDIU on an extraschedular basis prior to April 5, 2013 was denied. The Board has also remanded the Veteran's claim for a rating in excess of 40 percent for lumbar spine degenerative disc disease since August 3, 2021.