Radiculopathy & sciatica decisions — 2023

Service connection is granted for spinal stenosis and IVDS, bilateral radiculopathy of the lower extremities, and depression.,Service connection is denied for gout.

Effective May 5, 2009, the Veteran's left lower extremity radiculopathy of the femoral and sciatic nerves is granted with an effective date.,Effective August 17, 2018, the Veteran's right lower extremity radiculopathy of the femoral and sciatic nerves is granted with an effective date.

The Veteran's TDIU is granted with an effective date of January 27, 2011. Special monthly compensation for the appeal period from May 29, 2014 to May 18, 2018 is also granted.

The Veteran's sleep apnea is currently rated at 50 percent, but the Board finds that a higher rating is not warranted.,The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right shoulder strain is currently rated at 40 percent, which is the maximum schedular rating permitted for limitation of motion of the arm of the major extremity.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to errors in the duty to assist process prior to November 15, 2014.

The Veteran's claims for service connection have been remanded due to the submission of new and relevant evidence. The issues include a stomach disability, Peyronie's disease as secondary to cervical spine injury, and radiculopathy of bilateral upper extremities.

The Veteran's lumbar spine degenerative arthritis is granted a rating of 40 percent effective February 28, 2020. Ratings for right and left lower extremity sciatic radiculopathy and femoral radiculopathy are denied.

The Veteran's service-connected cervical spine strain with degenerative arthritis and right upper extremity cervical radiculopathy are granted, effective from June 9, 2015.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and assessments.

The Veteran's service-connected lumbar spine disability and associated radiculopathy alone rendered him unable to secure and follow a substantially gainful occupation, qualifying for TDIU. Additionally, the Veteran is entitled to SMC based on housebound status due to multiple separate disabilities rated at 60 percent or more.

The Veteran's claims for service connection for chronic fatigue, fibromyalgia, irritable bowel syndrome (IBS), and left upper extremity peripheral neuropathy have been denied. The claim for an increased rating for right upper extremity radiculopathy has been partially granted with a 20% rating.,The Veteran's right upper extremity radiculopathy is currently rated at 20%, which is the maximum schedular rating available under Diagnostic Code (DC) 8513.

The Veteran's appeals for increased ratings for his service-connected neck, back, upper radicular group, bilateral sciatic radiculopathy, and bilateral femoral radiculopathy disabilities have been dismissed.,Effective May 23, 2017, but not earlier, the Veteran was granted an effective date for service connection of radiculopathy, right femoral nerve. Effective May 23, 2017, but not earlier, the Veteran was also granted an effective date for service connection of radiculopathy, left femoral nerve.

The Board has remanded the claims for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to an incomplete medical opinion from a VA examiner regarding whether minor in-service activities/injuries led to degenerative changes at the spine.

Entitlement to an earlier effective date of August 1, 2017 for the 70 percent evaluation for major depressive disorder (MDD) is granted.,Entitlement to an effective date earlier than January 26, 2018 for service connection for left lower extremity radiculopathy, femoral nerve is denied.,Entitlement to an effective date earlier than January 26, 2018 for service connection for right lower extremity radiculopathy, femoral nerve is denied.,Eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 (DEA benefits) prior to January 26, 2018 is denied.

The Veteran's claim for an earlier effective date for service connection of right lower extremity radiculopathy and increased rating for migraine headaches has been denied.,An effective date earlier than June 9, 2017 is not granted for the award of service connection for right lower extremity radiculopathy.

The Veteran's claims for service connection are being remanded due to the need for additional evidence in several areas, including psychiatric disorders, polyneuropathy, back disability, and fibromyalgia. The hearing request is also noted.

The Board has remanded the claims for increased ratings and effective dates due to inadequate examination reports, failure to address prior examinations, and failure to distinguish symptoms from other conditions. The Veteran's lumbar spine disability and radiculopathy are subject to further medical evaluation.

The Veteran's claims for increased disability ratings for lumbosacral DDD and LLE femoral radiculopathy are remanded due to the need for additional examination.

The Veteran's service-connected musculoskeletal conditions have been granted based on chronic wear and tear in service.,Bilateral hearing loss was not established for VA purposes.

The Board has granted a total disability rating based on individual employability due to service-connected disabilities effective June 30, 2020. The combined effects of the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful employment.