Radiculopathy & sciatica decisions — 2023

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to insufficient evidence from previous examinations, including lack of goniometer measurements for range of motion testing.

The Board has remanded the claims for increased ratings and TDIU due to inadequate VA examinations, specifically regarding the Veteran's low back disability and right lower extremity radiculopathy. The issues are inextricably intertwined with the high rating claim for the low back disability.

The Board has granted a 40% disability rating for low back strain effective May 10, 2019. Separate ratings of 10% each are granted for left and right lower extremity radiculopathy effective May 10, 2019. The claims are remanded due to the need for additional development.

The Veteran's right leg numbness associated with the sciatic nerve is now rated at 40 percent from March 1, 2019. The left leg numbness remains at a 10 percent rating throughout the appeal period.

The Veteran's back disability and right lower extremity radiculopathy have been granted service connection. Other claims for various conditions are being remanded.

The Board has decided to remand the cases for further development and consideration due to new evidence received after the initial decision.

The Board has determined that the Veteran's claims for increased ratings remain before it and have been remanded due to the need for additional medical evidence and examinations.

The Board has remanded the issues of increased disability ratings for right and left lower extremity radiculopathy due to a lack of VA examinations conducted within the correctional facility where the Veteran is incarcerated.

The Board has decided to remand the claims for additional development due to challenges regarding the competency of VA examiners and the need for retrospective opinions on the Veteran's lumbar spine disorder and associated radiculopathy.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to the Veteran's withdrawal of these issues.,Service connection claims for high lead in bone marrow, sleep apnea, and low testosterone were denied as there is no current diagnosis or evidence linking these conditions to service.

The Board denied the Veteran's claim for automobile and adaptive equipment or for adaptive equipment only due to lack of evidence showing loss or permanent loss of use of one or both feet, hands, vision impairment, or ankylosis of knees or hips resulting from service-connected disabilities.

The Board has granted service connection for a back disability, right knee strain, left leg radiculopathy, and right leg radiculopathy based on the theory of continuity of symptomatology.

The Veteran's right lower extremity radiculopathy was rated at 10 percent prior to April 15, 2019 and 40 percent thereafter. The left lower extremity radiculopathy is rated at 40 percent.,The Veteran's TDIU claim is remanded for further development.

The Veteran's service-connected disabilities, including his back condition and associated radiculopathies, along with his depressive disorder, render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal for a higher rating for hypertension has been withdrawn.,The Board has remanded the issues of entitlement to service connection for an acquired psychiatric disorder, migraine headaches, and right lower extremity pain (claimed as sciatica).,The Veteran's appeals for increased ratings for his foot conditions have also been remanded.

The Veteran's appeals of the ratings assigned for his service-connected lumbar spine and left ankle disabilities, as well as associated neurological impairment, have been granted with effective dates of February 1, 2015. The Veteran's appeal of the initial rating assigned for his GERD with small intestine blockage and hiatal hernia has also been granted.

The Veteran's cervical spine condition has been restored to a 20 percent disability rating.,The Veteran's left lower extremity radiculopathy condition has been restored to a 10 percent disability rating.

The Board has granted service connection for right knee osteoarthritis, lumbar degenerative arthritis and disc disease, and the related bilateral sciatic radiculopathy as these conditions are found to be aggravated by the Veteran's service-connected left knee disability.

The Veteran's psychiatric disability is rated at a 70 percent rating, effective from October 8, 2012. A TDIU rating is granted.