Radiculopathy & sciatica decisions — 2023

The Board denied increased ratings for right lower extremity radiculopathy and left lower extremity neuralgia, finding that the Veteran does not have diagnosed conditions of radiculopathy or neuralgia.

The Veteran's radiculopathy of the bilateral lower extremities is granted as secondary to his service-connected lateral left malleolus; left calcaneus arthritis, effective from December 9, 2021.

The Board has decided to remand the Veteran's claims for service connection for left and right lower extremity radiculopathy due to conflicting medical evidence regarding whether he has such conditions secondary to his service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent for service-connected left lower extremity radiculopathy, entitlement to service connection for right lower extremity radiculopathy, and an evaluation in excess of 20 percent prior to August 30, 2020, for a service-connected back disability. The Veteran's claim for total disability rating based on individual unemployability is also remanded.

The Veteran's appeal for increased ratings for back disability and right lower extremity radiculopathy was denied. The Board found that the evidence did not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine and bilateral radiculopathy, render him unable to secure or follow a substantially gainful occupation. As his combined rating is at least 70%, TDIU has been granted.

The Veteran's bladder and bowel impairment is related to his service-connected lumbar spine disability, and the Board has granted service connection for this condition.

The Veteran's service-connected disabilities, including right knee instability, degenerative disk disease of the lumbosacral spine, and tinnitus, have rendered him unable to secure or follow substantially gainful employment as of October 29, 2021.

The Veteran's claims for higher ratings for bilateral hip disabilities, including thigh impairment, and associated lower extremity radiculopathy are being remanded due to the need for additional development.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's radiculopathy of the right lower extremity, requiring further examination and opinion.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants entitlement to TDIU.

The Board has granted a TDIU on an extraschedular basis, effective December 30, 2014, finding that the Veteran's service-connected disabilities made him unable to secure or follow substantially gainful employment prior to December 14, 2015.

The Board has decided to remand the case for a new VA examination and opinion regarding the Veteran's sciatic nerve disability, specifically whether it is due to carelessness or negligence on the part of VA.

The Board has dismissed the appeals for increased ratings and earlier effective dates, but has remanded the case to determine appropriate evaluations for right and left lower extremity radiculopathy.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining medical records and providing a new VA opinion regarding the relationship between her service-connected back disability and her ulnar entrapment condition.

The Board has remanded the claim for a compensable rating for bilateral hearing loss, including on an extraschedular basis. The case is being referred to the Under Secretary for Benefits or Director of Compensation Service for consideration.

The Board has remanded the Veteran's claims of service connection for various lower extremity and cardiac conditions due to insufficient evidence in the record.

The Board has decided to remand the Veteran's claims for additional development due to outstanding records and inadequate prior examinations.

The Board has remanded the issues of entitlement to increased ratings for service-connected low back disability, left and right lower extremity radiculopathy, as well as TDIU. The Veteran's claims are currently under review.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) on an extraschedular basis from February 13, 2013 to December 26, 2013. The Veteran's service-connected conditions left him unable to work as a contractor during this period.