Radiculopathy & sciatica decisions — 2023

The Board has remanded the case for additional development to address functional impairment caused by flare-ups and to determine if the Veteran is unemployable due to his disabilities.

The Veteran's claim for a higher rating for diabetes mellitus was denied as his disability did not require one or more daily injections of insulin and regulation of activities.,The Veteran's claim for an earlier effective date for TDIU was also denied, as there is no evidence that he was unable to work due to his service-connected disabilities prior to August 31, 2022.

The Board has remanded the claims for service connection for various disabilities, including right hip, leg/knee, and neurological conditions, as secondary to a service-connected lumbar spine disability. The Veteran is also being asked to provide tax returns to support his claim for TDIU.

The Board has determined that the VA examinations and decisions need to be reviewed again, as per previous remand directives. The Veteran's claims for various conditions are being returned to the RO for further action.

The Board has remanded the Veteran's claims for service connection for various knee and hip disorders, as well as radiculopathy of the upper extremities. The issues are related to whether these conditions are at least as likely as not related to service.

An initial 40 percent rating is granted for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome (IVDS) and sacroiliac joint dysfunction, effective November 22, 2004.,A separate 40 percent rating is granted for right lower extremity radiculopathy of the sciatic nerve, effective May 21, 2013. The claim for a higher initial rating for this condition is denied.,The Veteran's claim for an initial rating higher than 30 percent for right lower extremity radiculopathy of the femoral nerve is denied.

The Veteran's claims for service connection for radiculopathy of the right and left lower extremities have been granted. The Board found new and material evidence to reopen these claims, with the diagnosis of radiculopathy being provided by a private physician in December 2009. Service connection was established based on direct evidence.

Service connection for back disability is granted.,Service connection for neck disability, right ankle disability, and left ankle disability are denied. Service connection for neuropathy affecting the right lower extremity and left lower extremity is remanded.

The Board has remanded the claims for bilateral hearing loss, low back disability, left leg radiculopathy, and unspecified trauma and stress related disorder due to outstanding VA and non-VA treatment records being needed.

The Veteran's radiculopathy of the left upper extremity, to include left hand muscle atrophy, is granted a 60% disability rating. The Veteran's PTSD remains at 50%. From July 1, 2010, he is granted TDIU based on his service-connected disabilities.

The Board has remanded the case due to inadequate opinion regarding the Veteran's left leg condition, including radiculopathy of the left lower extremity. The Veteran is required to undergo a VA examination to provide an addendum opinion on the nature and etiology of his left leg condition.

The Veteran's claims for increased ratings and service connection were generally granted, with some issues being denied or remanded. The Veteran received a 20 percent rating for lumbosacral strain prior to July 28, 2022, and an increase in the rating of his left ankle disorder from noncompensable to 10 percent.

The Veteran's IVDS lumbar strain and left lower sciatic nerve paralysis were granted increased ratings, with the effective date set at July 17, 2019.

The Veteran's claims for increased ratings for his service-connected skin disability, left upper extremity radiculopathy, and left knee fibular shaft disability are being remanded due to the need for additional examinations.

The Board has determined that the Veteran's radiculopathy of the right lower extremity and left lower extremity does not warrant a rating in excess of 20 percent for the period prior to May 24, 2019.

The Board has remanded the claims for additional examination and review of medical records to determine if ratings in excess of those granted could be awarded due to new evidence showing additional clinical findings and diagnoses relevant to the Veteran's claim.

The Veteran's claim for service connection of an acquired psychiatric condition was granted in full. The lower back disability and left lower extremity radiculopathy claims were partially resolved, with some issues being granted higher ratings while others remained denied.

The Veteran's appeal for an initial compensable rating for scar, status post spinal fusion, was dismissed. The claim of residuals of head trauma (claimed as dental trauma) has been reopened and is currently under consideration. Service connection for diabetes mellitus, type 2, gastroesophageal reflux disease (GERD), gastroenteritis, obstructive sleep apnea (OSA), respiratory disorder (recurrent aspiration pneumonia), cardiac disorder (atherosclerosis), acquired psychiatric disorder, residuals of head trauma, facial scars, bilateral eye disorder, cervical spine disorder, right shoulder disorder, bilateral elbow disorder (tendinitis), bilateral plantar fasciitis, and bilateral pes planus have been remanded for further review.

The Board has determined that the Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and thus grants his claim for total disability based on individual unemployability (TDIU).

The Veteran's right upper extremity radiculopathy, to include ulnar nerve neuropathy, was granted an increased rating of 20 percent as of July 20, 2018.,A rating in excess of 40 percent for the same condition is denied as of September 7, 2022.