Radiculopathy & sciatica decisions — 2023

The Veteran's claims for earlier effective dates for TDIU and DEA are dismissed as the AOJ has already granted these benefits with an effective date of June 3, 2014.

The Board has dismissed the appeals for higher initial ratings for service-connected right lower extremity radiculopathy, right distal third finger fracture, and right third finger scar as the Veteran withdrew his appeal through his representative.

The Veteran's service-connected left upper extremity disabilities, including radiculopathy and rotator cuff syndrome of the shoulder, have resulted in functional impairment equivalent to loss of use since July 18, 2014. The Board has granted an effective date of July 18, 2014 for the award of special monthly compensation (SMC) based on loss of use of the left upper extremity.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbar spine and radiculopathy in his right leg, prevent him from obtaining or maintaining substantially gainful employment. The Board has granted a TDIU on an extraschedular basis.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in obtaining necessary evidence.,Additional medical records, including STRs and treatment records from Tampa General Hospital and Texas General Hospital, need to be obtained.

The Veteran's PTSD is currently rated at 30 percent, effective March 14, 2007. The claim for an increased rating remains denied.,For the period from June 15, 2015 to November 3, 2019, the Veteran's left lower extremity radiculopathy of the sciatic nerve was rated at 10 percent and his right lower extremity radiculopathy of the sciatic nerve was also rated at 10 percent. The claims for increased ratings remain denied.,For the period from October 24, 2011 to November 3, 2019, the Veteran's left lower extremity radiculopathy of the sciatic nerve and right lower extremity radiculopathy of the sciatic nerve were both rated at 10 percent. The claims for increased ratings remain denied.,For the period beginning March 4, 2022, the Veteran's left lower extremity radiculopathy of the sciatic nerve was rated at 40 percent and his right lower extremity radiculopathy of the sciatic nerve was also rated at 40 percent. The claims for increased ratings remain denied.,For the period beginning March 4, 2022, the Veteran's left lower extremity radiculopathy of the femoral nerve was rated at 20 percent and his right lower extremity radiculopathy of the femoral nerve was also rated at 20 percent. The claims for increased ratings remain denied.,The Veteran's bilateral lower extremity radiculopathy of the femoral nerves were both rated at 20 percent from November 4, 2019 to March 3, 2022. The claims for increased ratings remain denied.

The Board has remanded the claims for increased ratings of neuropathy of the lower extremities due to incomplete development. The Veteran's request to withdraw his appeal for TDIU is granted.

The Veteran's appeal for service connection for CFS has been dismissed. The Board found that the appellant requested withdrawal of his appeal.,PTSD is now rated at 70 percent, effective from October 26, 2021.

The Veteran's service-connected lumbar disability and radiculopathy of the bilateral lower extremities do not preclude her from securing or following a substantially gainful occupation prior to May 20, 2021.

The Veteran's initial ratings for sleep apnea, headaches, left and right lower extremity radiculopathy, CAD, and DDD were denied. The maximum rating of 50 percent was granted for sleep apnea.

The Veteran's claims for increased ratings for his bilateral knee disabilities and bilateral lower extremity radiculopathy are being remanded due to the need for additional development, including new VA examinations.

The Veteran's appeal of the denial of a compensable rating for residual scarring and HPV infection has been withdrawn.,The claim for an evaluation greater than 10 percent prior to January 29, 2021, for PTSD is remanded due to insufficient evidence of occupational and social impairment.

The Veteran's lumbosacral strain disability is granted as service connected. The issues of neck condition, left foot bunions with second, third, and fourth toe condition secondary to back condition, right lower extremity radiculopathy secondary to back condition, and left lower extremity radiculopathy secondary to back condition are remanded for further examination and opinion.

The Veteran's service-connected lumbar spine degenerative disc disease and associated radiculopathy of the sciatic nerves have been granted increased ratings, with specific limitations on when these ratings apply.

The Board has remanded the case for further development due to new evidence received after the January 2021 SOC.

The Veteran's right lower extremity radiculopathy and cervical spine degenerative arthritis and disc disease, with disc protrusion and stenosis are granted as secondary to service-connected lumbosacral strain with degenerative disc disease.

The appeal of left lower extremity radiculopathy service connection is dismissed.,Effective dates for back disability and left lower extremity radiculopathy are granted on February 17, 2023.

The Veteran's lower back condition, left and right sciatic nerve conditions, and acquired psychiatric disorder (PTSD, depression, anxiety) are all granted.,However, the claim for service connection of an acquired psychiatric disorder remains pending as it requires further examination.

The Board denied increased ratings for the Veteran's back condition and bilateral lower extremity radiculopathy, finding that the evidence did not show favorable or unfavorable ankylosis of the spine or incapacitating episodes meeting criteria for a higher rating.

The Board has remanded the Veteran's claims for higher ratings for his lumbar spine disability, left and right lower extremity sciatic nerve radiculopathy, and bilateral lower extremity femoral nerve radiculopathy. The issues are being remanded due to inadequate development in the March 2023 remand order.,The Veteran's TDIU claim prior to July 13, 2015 is also being remanded as it is inextricably intertwined with the other claims.