Radiculopathy & sciatica decisions — 2022

The Board has dismissed the appeals for ratings and effective dates related to degenerative arthritis of the lumbar spine and radiculopathy, right lower extremity due to the appellant's death.

The Veteran's appeals for an initial disability rating exceeding 10 percent and a rating exceeding 40 percent from February 3, 2017 for IVDS, service connection for elevated liver enzymes, and service connection for tinnitus have been dismissed.,The Veteran's appeals for entitlement to earlier effective dates for separate compensable disability ratings for radiculopathy of the left lower extremity and radiculopathy of the right lower extremity are remanded.

The Board has granted service connection for lumbar radiculopathy of the left lower extremity as due to service-connected bilateral sacroiliitis of the lumbar spine and denied a higher rating for bilateral sacroiliitis of the lumbar spine. The claims for degenerative arthritis of the bilateral shoulders and neck are remanded.

The Board has granted service connection for the Veteran's right lower extremity sciatica, finding that it is due to his service-connected right knee disability.

The Veteran's lower back disability is rated at 20 percent, and the increased ratings for left and right sciatic radulopathy are granted.

Service connection for an acquired psychiatric disorder is granted.,Initial disability ratings in excess of 20 percent are denied for left and right lumbar radiculopathy.

The Board has decided to remand the claim of service connection for a low back condition due to conflicting medical opinions and need for additional development.

The Veteran's left knee disability has rendered him unable to secure and follow gainful employment since August 20, 2021. His other service-connected conditions do not prevent him from working.

The Veteran's service-connected disabilities did not meet the threshold schedular criteria for a TDIU prior to February 10, 2019. The Board found that his service-connected low back disability with radiculopathy made it difficult for him to maintain employment and be productive.

The Veteran's nerve disorder affecting the left lower extremity, including neuropathy and radiculopathy, is remanded for further evaluation due to missing service treatment records.

The Veteran's appeals for increased ratings and service connection have been dismissed.,A TDIU was granted effective December 1, 2008.

The Board has remanded the claims for revision of rating decisions on CUE and for earlier effective dates, as these matters are intertwined with the CUE claims. The AOJ must adjudicate the CUE claims in a separate decision before addressing the earlier effective date claims.

The Veteran's claims for increased ratings for his lumbar spine disability and left lower extremity radiculopathy are being remanded due to inadequate examination findings. The VA is asked to provide an addendum opinion regarding the presence of left lower extremity radiculopathy of the sciatic, obturator, and femoral nerves prior to the March 2022 VA examination.

The Board has remanded two issues: the first regarding left and right lower extremity radiculopathy, and the second regarding a lumbar disability. The Veteran's claims are being returned for further development to ensure proper consideration of all relevant evidence.

The Veteran's claims for increased ratings for thoracolumbar degenerative disc disease (DDD) status post T11/T12 compression fractures and right lower extremity radiculopathy are being remanded due to the need to reconcile contradictory findings from a March 2018 VA examination.

The Veteran's left and right lower extremity sciatic nerve peripheral neuropathy have been granted initial evaluations of 40 percent effective from October 23, 2018.,Prior to this date, the disabilities were rated at 20 percent.

The Veteran's right upper extremity radiculopathy was rated at 40 percent disabling from October 10, 2018. The combined rating of his service-connected disabilities is currently 90 percent since September 11, 2019, which meets the criteria for TDIU. However, the Board has remanded the issue due to inadequate discussion in the previous decision.

The Board has remanded the Veteran's claims for an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, as well as his claims for increased ratings for right upper extremity radiculopathy and left upper extremity radiculopathy. The Veteran is also being asked to provide additional evidence regarding his TDIU claim from February 13, 2012 to August 27, 2012.

The Veteran's claim of service connection for PTSD has been granted.,Service connection is also granted for degenerative disc disease of the cervical spine, bilateral lower extremity radiculopathy, and bilateral cervical radiculopathy of the upper extremities, secondary to degenerative disc disease of the cervical spine.

The Board dismissed the appeals for earlier effective dates for service connection of right shoulder disability and left upper extremity radiculopathy.,For the entire rating period from July 18, 2018, to April 4, 2018, the Veteran's right upper extremity radiculopathy was rated at 20 percent; for the initial rating period from April 4, 2018, to present, the left upper extremity radiculopathy was rated at 20 percent. The appeals for increased ratings were dismissed as there is no evidence of moderate incomplete paralysis.,The Veteran's low back degenerative disc disease and spondylosis are service-connected, with a grant of service connection based on continuity of symptomatology since service separation.,Service connection was denied for right foot pes planus, left foot pes planus, right hand disorder, obstructive sleep apnea, acquired psychiatric disorder (insomnia and sleep disturbances), erectile dysfunction, and defective vision in both eyes. Service connection was also denied for a right hip disorder.