Radiculopathy & sciatica decisions — 2022

The Veteran's asthma and back condition are remanded for further examination and opinion. The left leg pain claim is inextricably intertwined with the back condition claim.

The Veteran's spine disability is rated at 40 percent, effective April 8, 2022. The right lower extremity radiculopathy remains at a 10 percent rating.

The Veteran's claims for increased ratings and TDIU have been denied due to his failure to report for scheduled VA examinations.

The Veteran's initial rating for a lumbar spine disability prior to January 3, 2020 is denied as his forward flexion of the thoracolumbar spine was at worst 85 degrees. From January 3, 2020 onwards, his disability is rated higher than 20 percent due to limited range of motion and radiculopathy symptoms.

The Veteran's right knee scar was not aggravated by service, and the claim for service connection is denied.,An initial rating of 40 percent for lumbar strain prior to April 26, 2022, is granted. The rating will be reduced from that date.

The Veteran's claims for service connection for a depressive disorder and radiculopathy of the left and right lower extremities have been remanded by the Board.,An effective date prior to April 26, 2016, is not warranted for the grant of service connection for these conditions.

The Veteran withdrew his appeals for service connection and increased ratings in multiple conditions, including lumbar spine degenerative joint disease, radiculopathy of the lower extremities, arm conditions, knee conditions, heart condition, high blood pressure, mental health condition, and headaches. The claims are dismissed.

The Veteran's bilateral eye disorders are being remanded as the current evidence does not establish their onset during service.,The Veteran's asthma, allergic rhinitis, lumbar spine disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and bilateral pes planus are also being remanded due to insufficient evidence of their onset or connection to service.

The Veteran's service-connected disabilities, including his depressive disorder, bilateral knee disabilities, IBS, migraine headaches, spinal stenosis, and radiculopathies, rendered him unable to secure or follow a substantially gainful occupation in his previous employment as an oil driller. The Board has granted a TDIU effective from February 2, 2015.

The Veteran's service-connected disabilities, including headaches, sleep apnea, and knee problems, have rendered him unable to secure or maintain substantially gainful employment since December 18, 2018. The Board has granted a total disability rating based on unemployability (TDIU) effective from that date.

The Board has remanded the Veteran's claims for increased ratings for his service-connected back condition, left lower extremity sciatic nerve radiculopathy, and left lower extremity femoral nerve radiculopathy due to inadequate medical opinions regarding the current severity of these conditions.

The Board has remanded the Veteran's claims for compensation for neurological abnormalities associated with her low back disability and a rating in excess of 20 percent for lumbar strain with DDD and IVDS, as well as ratings for left and right lower extremity radiculopathy. The issues are being remanded to allow for further development.

The Board has remanded the cases due to inadequate VA examinations related to service connection for low back disability and right lower extremity radiculopathy. The Veteran's claims are being returned for further development.

The Veteran's service-connected disabilities, including obstructive sleep apnea, bilateral plantar fasciitis with pes planus, lumbosacral strain and degenerative disc disease, left lower extremity radiculopathy of the femoral nerve, onychomycosis, migraine headaches, and corneal opacity in both eyes, have caused him to be unemployable since June 3, 2019. The Board has granted a TDIU effective June 3, 2019.

The Veteran's lumbosacral strain with DDD is currently rated at 20 percent, but the Board has found that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent and this rating is maintained for the entire appeal period. The Veteran was also granted service connection for COPD.

The Veteran's service-connected back and radiculopathy conditions have been of such nature and severity as to prevent him from securing and retaining substantially gainful employment, and he is in receipt of a combined disability rating of 100 percent. Therefore, the Board has granted SMC at the housebound rate.

The Veteran's lumbar spine condition and bilateral lower extremity radiculopathy are rated at a higher level than initially granted, with the right lower extremity radiculopathy receiving a maximum rating of 40 percent.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining all forms of substantially gainful employment.

The Veteran's claims for increased ratings for RLE and LLE radiculopathy, as well as lumbar discogenic disease and degenerative spine disease, were denied. The case is remanded to obtain additional medical opinions regarding the extent of range of motion loss.

The Veteran's appeals for increased ratings on asthma, headaches, right quadricep tear, right shoulder disability, and left knee disability have been dismissed as the Veteran withdrew his appeal.,The Veteran's appeals for increased ratings on anxiety disorder, bilateral plantar fasciitis, lumbar facet arthropathy, right knee disability, and left shoulder disability are being remanded for further examination.