Radiculopathy & sciatica decisions — 2023

The Board dismissed the Veteran's appeals for service connection of lumbar spine disorder, right and left lower extremity sciatic nerve disorders due to their grant in prior rating decisions. The Board also granted increased ratings for right and left knee instability.

The Board denied earlier effective dates for service connection of various conditions, including hypertension, degenerative arthritis of the cervical spine, right upper extremity radiculopathy, left upper extremity radiculopathy, TBI, and tinnitus. The effective date for hypertension was set at April 12, 2017.

The Veteran's left upper extremity radiculopathy is granted a 40 percent evaluation, effective August 20, 2015. The other issues are remanded for further review.

The Veteran's right and left upper extremity neuropathy are rated at 40 percent, effective September 2, 2015. The ratings for the lower extremities (sciatic nerve) remain at 30 percent, effective September 2, 2015. The Veteran's right and left lower extremity neuropathy of the femoral nerves are rated at 10 percent, effective August 31, 2017.

The Board has remanded the Veteran's claims for service connection and rating of his carpal tunnel syndrome, hiatal hernia (GERD), back injury, and chalazion. The issues are related to whether these conditions are related to service or if they have been aggravated by a service-connected condition.

The Veteran's claims for service connection and effective dates have been denied. Service connection for bilateral hearing loss, chronic periodontal disease, tinnitus, right lower extremity sciatic nerve radiculopathy, and right lower extremity femoral nerve radiculopathy are all denied. The claim for left lower extremity femoral nerve radiculopathy is pending as it was not granted prior to February 23, 2017.

PTSD ratings remain denied prior to September 30, 2022 and since then.,Dermatitis rating remains denied. No compensable rating is assigned.

The Veteran's lumbar spondylosis and left lower extremity radiculopathy were denied increased ratings. The right lower extremity radiculopathy was also denied an increased rating.

The Veteran's appeal is remanded for additional examinations and to determine the current severity of his service-connected PTSD, back condition, right lower extremity radiculopathy, headaches, right knee condition, left knee condition, and TDIU. The Veteran also needs VA examinations to address theories of entitlement related to these conditions.

The Board has granted extensions of a temporary total disability rating and special monthly compensation (SMC) based on the need for convalescence following back surgery until December 31, 2016. The benefit of the doubt does not apply as there is no evidence to support an extension beyond this date.

The Veteran's PTSD symptoms did not meet the criteria for a higher initial rating of 100 percent prior to October 23, 2017. The Board found that his symptoms were more closely aligned with a 70 percent disability rating. For TDIU, the Veteran met the schedular requirements as he had multiple service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has restored the Veteran's disability ratings for his back disability and left lower extremity radiculopathy, finding that the reductions were improper.

The Veteran's appeal is remanded for additional medical opinions and records to address service connection claims, rating determinations, and other issues. The Board will consider the evidence and make a decision on these matters.

The Veteran's diabetes mellitus type II is currently rated at 20 percent, and the Board has remanded for further development to determine if a higher rating is warranted. The Veteran also has peripheral neuropathy of sciatic nerve in both lower extremities and femoral nerve in both lower extremities, which are separately service-connected.

The Veteran's appeals for various conditions and disability ratings have been dismissed due to the withdrawal of his appeal by his attorney.

The Veteran's appeal has been dismissed as the appellant (through his authorized representative) requested withdrawal of all issues involved in the appeal prior to the Board promulgating a decision.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the evidence did not support earlier effective dates or higher initial ratings.

The Veteran's ankylosing spondylitis, right and left upper extremity radiculopathy, and SMC based on housebound status are all granted with effective dates of July 16, 2012. The Veteran is also now eligible for Dependents' Educational Assistance (DEA) benefits.

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected lumbar spine DDD.,Service connection for obstructive sleep apnea is granted based on credible evidence of in-service symptoms and continuity of symptoms following discharge from service.

The Board has remanded the Veteran's claims for back disability and right lower extremity radiculopathy due to new evidence indicating worsening of his disabilities, including recent emergency room visits. Additional VA examinations are needed to assess the current severity of these conditions.