Radiculopathy & sciatica decisions — 2023

The Veteran's right shoulder, left shoulder, right knee, and left knee disabilities are denied as service connection is not warranted.,The Veteran's sleep apnea is denied as it is not proximately due to or aggravated by his PTSD.,The Veteran's bilateral blepharitis and early cataracts are denied as they are not etiologically related to service.

The Veteran's lumbar spine disability was not rated higher than 20 percent prior to November 15, 2022, and a rating greater than 40 percent thereafter.,The Veteran's left lower extremity radiculopathy received a 10 percent rating prior to August 5, 2020, but was denied any higher ratings thereafter. The right lower extremity radiculopathy also received a 10 percent rating prior to August 5, 2020, and was denied any higher ratings thereafter.

The Board has determined that the Veteran's lumbar and cervical spine disabilities, as well as associated radiculopathy conditions of the upper extremities, are not service-connected due to lack of credible evidence supporting their onset in service. The claims are being remanded for further examination and consideration.

The Veteran's claims for increased ratings of left and right lower extremity radiculopathy, degenerative changes of the lower thoracic spine with intervertebral disc syndrome (IVDS), left rotator cuff degenerative joint disease with impingement, left knee osteoarthritis and chondromalacia, and right knee osteoarthritis and chondromalacia are being remanded for further development.,The Veteran's claim for TDIU is also being remanded.

The Veteran's low back disorder and bilateral lower extremity radiculopathy are granted as service-connected.,Service connection is established for the Veteran's bilateral lower extremity radiculopathy, which is considered secondary to his service-connected low back disability.

The Board has dismissed the appeals for increased ratings for cervical spine and bilateral lower extremity radiculopathy due to the Veteran's withdrawal of his appeal. The claims for an increased rating for lumbar spine disability, right upper extremity radiculopathy, and service connection for a psychiatric disability are REMANDED.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment prior to November 9, 2020. The Board has now granted a TDIU rating on a schedular basis from that date, which triggers the need for extraschedular consideration.

The Veteran's claims for increased ratings for his lower extremity radiculopathy and shoulder disabilities have been denied. The Board found that the evidence did not support a higher rating than 20 percent for these conditions.,The Veteran was granted TDIU based on his service-connected disabilities rendering him unable to obtain or maintain substantially gainful employment.

The Board denied an effective date prior to October 5, 2004, for the award of a TDIU (Total Disability Rating Independent of Service Connection) due to lack of formal or informal claim for increased rating and/or TDIU prior to that date.

The Board has determined that additional development is needed for the Veteran's hypertension and service connection claims, as well as his increased rating and TDIU claims. The issues will be remanded to allow for further examination and opinion.

The Veteran's appeal for higher initial ratings for degenerative disc disease of lumbar spine with IVDS and radiculopathy, right lower extremity; sciatic nerve is remanded due to the need for further development.,Further medical evidence is required to determine appropriate disability ratings for these conditions.

The Board has remanded the case due to a need for additional medical examination and review of the Veteran's work history. The issue of entitlement to a TDIU prior to November 7, 2016 is now pending.

The Veteran's service connection for residuals of TBI is granted.,An increased rating to 10 percent for hypertension is granted prior to August 10, 2016. A higher rating is denied beginning from that date.

The Veteran's initial rating for left lower extremity sciatica was granted at a 20% from July 8, 2015 to February 2, 2017. The rating was then reduced to 40%. From February 2, 2017 onward, the Veteran is denied an initial rating in excess of 20%.

The Veteran's appeal is remanded for additional development regarding his service-connected PTSD, left foot disability, and other musculoskeletal conditions. The Board also notes that the Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded.

The Veteran's service-connected thoracolumbar spine disability was granted effective from December 7, 2010. Effective August 12, 2014, the Veteran's right and left lower extremity radiculopathy were also granted as secondary to his thoracolumbar spine disability.,The Veteran's service-connected cervical strain received a 30% rating effective from December 7, 2010. The Veteran's service-connected headaches received a 50% rating effective April 1, 2014.

The Veteran meets the schedular criteria for TDIU prior to September 1, 2018, due to his service-connected disabilities preventing him from engaging in substantially gainful employment.

The Board has remanded the issues of entitlement to service connection for bilateral hip disability, right hip disability, left hip disability, and right leg shortening due to secondary to service-connected low back disability.

The Veteran's appeal is REMANDED for additional development, including obtaining VA medical records and scheduling the Veteran for appropriate VA examinations to assess his orthopedic conditions. The TDIU claim will also be referred to the Director, Compensation Service, for extraschedular consideration.

The Veteran was granted a TDIU from July 14, 2021, onward. The Board also referred the issue of entitlement to a TDIU on an extraschedular basis for prior to July 14, 2021, to the Director of Compensation Service.