Radiculopathy & sciatica decisions — 2022

The Veteran's claim for an increased evaluation for osteoarthritis of the lumbar spine was denied, and his claim for a 10 percent evaluation for left lower extremity radiculopathy from October 1, 2010, was granted. The decision does not address service connection or exposure basis.

The Veteran's sleep apnea, lumbar spine disability, and left hip disabilities are being remanded for further examination to determine their etiology and severity.

The Veteran's left lower extremity radiculopathy was granted a 20 percent rating from August 26, 2014. The Board also found the Veteran is entitled to TDIU since March 3, 2017 due to his service-connected disabilities limiting his ability to work.

The Board denied the Veteran's TDIU claim as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has remanded the claims for increased ratings for right lower extremity radiculopathy and eligibility for adaptive equipment due to incomplete development.

The Veteran's lumbar spine DDD was granted a 20 percent rating from January 1, 2013 to September 14, 2014. A higher rating is denied for this period. The Veteran's right lower extremity radiculopathy was granted a 20 percent rating from January 1, 2013 to March 30, 2015.

The Veteran's right knee instability associated with patellofemoral syndrome is granted a disability rating of 20 percent, effective August 8, 2016.,Service connection for left upper extremity radiculopathy is remanded.

The Board has granted an initial rating of 20 percent for the Veteran's right lower extremity radiculopathy, finding that it is manifested by moderate incomplete paralysis.

The Board has remanded the claims for increased ratings for diabetes mellitus, type II and its associated lower extremity neuropathies due to incomplete private treatment records. The VA is instructed to attempt to obtain these records from Beth Israel Deaconess Hospital, Massachusetts General Hospital, Joslin Diabetes Center, and any emergency medical services that treated the Veteran.

The Board has remanded several issues related to the Veteran's cervical spine disability, upper extremity radiculopathy, and sleep apnea. The claims for increased ratings are inextricably intertwined with these other issues and must be addressed before a final decision can be made.

The Veteran's service-connected disabilities, including migraines, asthma, bilateral pes planus, and others, have prevented her from securing or maintaining substantially gainful employment since June 26, 2014.

The Veteran's increased rating claim for RIGHT lower extremity sciatic radiculopathy is granted, and his initial rating claim for RIGHT lower extremity femoral radiculopathy is denied. The Veteran's IVDS of the thoracolumbar spine is rated at 60 percent based on incapacitating episodes, effective from March 30, 2011. Effective March 30, 2011, the Veteran is granted a TDIU.

The Board has remanded several issues related to the Veteran's service connection claims, including gastrointestinal symptoms, bilateral hearing loss, chronic fatigue syndrome, irritable bowel syndrome, alopecia, headaches, and sciatica. The cases are being remanded for additional examinations and opinions.

The Board has granted service connection for a lower back condition and bilateral knee pain, finding that these conditions began in active-duty service and have continued since.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to January 13, 2021 was denied as her service-connected disabilities did not render her unable to secure or follow substantially gainful employment.

The Veteran is unable to secure or maintain substantially gainful employment due to his service-connected disabilities, and the Board has granted TDIU from October 10, 2012.

The Veteran's appeals for higher evaluations and earlier effective dates have been dismissed due to withdrawal. The Board has also determined that the claims of service connection for bilateral hearing loss, degenerative disc disease (L4/5 and L5/S1) with lumbar spondylosis and spondylolisthesis, left lower extremity radiculopathy affecting the sciatic nerve, right lower extremity radiculopathy affecting the sciatic nerve are REMANDED for further development.

The Veteran's service-connected disabilities (including PTSD, asthma, DJD of the lumbar spine, tinnitus, radiculopathy of the left and right lower extremities, bilateral hearing loss, and migraines) render him unable to secure or maintain substantially gainful employment. The Board granted a TDIU based on this finding.

The Board denied service connection for left lower extremity radiculopathy, finding no current diagnosis of the condition and that it was not related to the Veteran's service-connected lumbar spine disability.,The TDIU claim is denied as there is no evidence showing the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's NOD was timely filed and has remanded several issues for further development. The main issues are related to increased ratings for herniated disc at L4-L5 with right lower extremity radiculopathy, status-post fracture of the pubic ramus, left, major depressive disorder with anxiety disorder, not otherwise specified, and TDIU.