Radiculopathy & sciatica decisions — 2023

The Veteran's claims for service connection for dysphagia, low testosterone and hypogonadism, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the ilio-inguinal nerve, and left lower extremity radiculopathy of the ilio-inguinal nerve have all been denied.,The Veteran's claims for increased ratings for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve have also been denied.

The Veteran's claim for a TDIU was dismissed as moot because he has been in receipt of a total (100 percent) disability rating since February 26, 2016.

The Veteran's cervical spine degenerative disc disease and radiculopathy of the right upper extremity were granted a 30 percent disability rating from March 28, 2014.,Service connection for radiculopathy of the left upper extremity was also granted on March 28, 2014.

The Board granted an effective date of June 13, 2011, for the award of service connection for left lower extremity radiculopathy. The claim for right lower extremity radiculopathy was denied as it did not manifest prior to January 8, 2013. A rating in excess of 40 percent for a back disability prior to March 26, 2014, and in excess of 60 percent thereafter, is denied. The claim for right lower extremity radiculopathy was granted with a rating of 20 percent effective July 18, 2013. Service connection for cardiovascular insufficiency was denied.

The Board has remanded the Veteran's claims for service connection due to his failure to appear for VA examinations. The Veteran is required to attend these examinations.

The Board has remanded the claims for lumbosacral strain, right sciatic radiculopathy, and left sciatic radiculopathy due to insufficient information regarding the severity of the Veteran's flare-ups during VA examinations.

The Veteran's service-connected disabilities, including his back conditions and adjustment disorder, have prevented him from securing and following a substantially gainful occupation since October 22, 2009. The Board has granted TDIU on both an extraschedular basis (prior to February 14, 2011) and on a schedular basis (from February 14, 2011).

The Veteran's service-connected back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are currently rated at 20 percent each. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment prior to June 24, 2019. A TDIU is granted from July 25, 2013.

The Veteran's initial and subsequent ratings for lumbar spine disability and right lower extremity radiculopathy have been denied as they do not meet the criteria for higher ratings.

The appeal for service connection for obstructive sleep apnea is dismissed. The claim of service connection for a bilateral foot disability, to include plantar fasciitis and pes planus, has been reopened based on new evidence. A 20% disability rating for spondylosis, residuals of lumbar strain with arthritis, effective from December 9, 2013, is granted.

The Board has granted a 50 percent evaluation for migraine headaches, but the case is remanded to obtain additional VA treatment records and to request that the Veteran complete and return a VA Form 21-8940 (Application for Increased Compensation Based on Unemployability).

The Veteran's disability rating for lumbar spine limitation of motion was restored to 40 percent effective February 11, 2008. The appeal is granted as the reduction in rating was improper.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine and sciatica of the right lower extremity have been reopened, but both conditions are denied as there is no evidence to support a link between these disabilities and his military service.

The Veteran's neck disability is rated at 30 percent since the date of his claim, effective February 19, 2020.,Radiculopathy of the left upper extremity is rated at 20 percent as of October 16, 2019.,Radiculopathy of the right upper extremity is rated at 20 percent as of October 16, 2019.

The Board has remanded the Veteran's claims for a right knee disability, right lower extremity radiculopathy, and right ankle disability due to conflicting medical evidence. The claims are currently pending.

The Board has remanded the claims for further development due to inconsistencies in the VA examinations and the need to obtain additional medical records. The Veteran's service-connected back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, painful scar, and linear scar are all being reviewed.

The Veteran's claims for service connection for acquired psychiatric disorders, TMJ, and various musculoskeletal conditions have been denied. The effective dates for the grants of service connection for these conditions are also denied.,Additionally, the Veteran's claim for an initial rating in excess of 10 percent for tinnitus has been denied.

The Veteran's claims for increased ratings and TDIU were denied, as well as his requests for effective dates prior to February 9, 2017. The initial compensable rating for left ear hearing loss was denied, while a 40 percent rating for right sciatic nerve radiculopathy from February 9, 2017 was granted.

The Board has remanded the claims for a rating higher than 20 percent for a lumbar spine disorder prior to June 5, 2017 and a TDIU prior to December 1, 2015 due to inadequate compliance with previous remands. The Veteran's lumbar spine disability must be assessed retrospectively for the period prior to June 5, 2017, including range of motion estimates.