Radiculopathy & sciatica decisions — 2023

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including SSA records and private treatment records. The Veteran will be provided with a Statement of the Case regarding his earlier effective date claim for DEA benefits.

The Veteran's claims for increased ratings for degenerative disc disease and strain, thoracolumbar spine status post discectomy (rated at 40 percent) and left lower extremity radiculopathy (rated at 20 percent) have been denied as the evidence does not meet the criteria for a higher rating under applicable VA regulations.

The Board has granted a TDIU for the period prior to October 5, 2021. The case is remanded for further action regarding entitlement to a TDIU from October 5, 2021.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine with IVDS and radiculopathy of the right lower extremity was granted, restoring the 20% rating from April 27, 2022. The claims for increased ratings were denied.,Total disability based on individual unemployability due to service-connected disabilities (TDIU) was granted effective February 18, 2022.

The Board has granted service connection for a cervical spine disability, right upper extremity radiculopathy, asbestosis, and lung disability/COPD. The Veteran's conditions are found to be related to his military service.

The Veteran's cervical spine disability, diagnosed as degenerative disc disease (DDD), is granted service connection.,The Veteran's cervical radiculopathy of the left upper extremity is also granted service connection.

The Veteran's appeal for asthma has been dismissed. The claim of service connection for a bilateral foot disability is reopened, but the claims for other conditions are still pending and will be remanded.

Effective September 26, 2013, the Veteran was granted service connection for type II diabetes mellitus and its related disabilities including diabetic retinopathy, right below the knee amputation status post right foot transmetatarsal amputation (Lisfranc amputation), peripheral neuropathy of both upper and lower extremities, and a scar from the amputation. Special monthly compensation was also awarded based on loss of use of a creative organ.

The Board has remanded the case due to a lack of medical evidence confirming whether the Veteran's reported symptoms in 2013 and 2014 are consistent with radiculopathy. The case is now pending for further consideration.

The Board has remanded the Veteran's claims for a lumbar spine disability and bilateral lower extremity radiculopathy due to inadequate examinations and insufficient treatment records.

The Veteran's low back disability was rated at 40% effective August 5, 2020. Prior to that date, the rating remained at 20%. The right and left sciatic nerve disabilities were each rated at 10% prior to April 4, 2020, and then increased to 20% thereafter.,The Board remanded the issue of service connection for memory loss due to new evidence.

The Veteran's service-connected PTSD alone prevented him from securing or following substantially gainful employment prior to November 8, 2016. He was also granted SMC at the housebound rate for his service-connected disabilities during this period.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including knee and foot conditions. The main reasons for remand include obtaining additional medical records, conducting further examinations, and developing claims for secondary service connection.

The Board denied the Veteran's claim for a total disability rating for individual unemployability due to service-connected disabilities prior to October 15, 2018.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or maintain any substantially gainful occupation, and thus grants his claim for a TDIU.

The Veteran's right sciatic and femoral nerve radiculopathies are granted with initial ratings of 40% and 30%, respectively, effective June 4, 2018. The balance impairment is denied as the maximum rating has been assigned. The loss of sense of smell is also denied. Dysphagia and a headache disability associated with dysphagia are remanded for further evaluation.

The Veteran's service connection for an acquired psychiatric disorder, to include PTSD, and an acquired psychiatric disorder other than PTSD is granted. The Veteran also has a rating of 40 percent for lumbar degenerative disc disease beginning October 23, 2020.

The Board has remanded the Veteran's claims for gout, low back condition with arthritis, and sciatica due to potential service connection issues.

The Board has granted service connection for radiculopathy in the upper right extremity, but denied it for the lower left extremity. The upper right radiculopathy is found to be related to the Veteran's service-connected cervical spine disability.

The Board has remanded the case due to inadequate medical opinions regarding service connection for a back condition and aggravation of pre-existing scoliosis/kyphosis by in-service thoracic muscle strain and chronic low back pain. The Veteran's conditions include DDD, lumbosacral sprain/strain, mechanical back syndrome, facet joint arthropathy, IVDS, foraminal lateral recess central stenosis, and radiculopathy.