Radiculopathy & sciatica decisions — 2023

The Veteran's right upper extremity radiculopathy was rated as noncompensable prior to January 22, 2020, and rated as 20 percent thereafter. The Veteran's right lower extremity radiculopathy was rated as 10 percent prior to January 22, 2020, and as 20 percent thereafter.,The Board found that the evidence did not support higher ratings for the Veteran's right upper and lower extremity radiculopathies.

The Board has found that the agency of original jurisdiction (AOJ) did not substantially comply with prior remand directives and has ordered further development for an opinion on the etiology of the Veteran's sleep apnea.

The Board has remanded several issues related to the Veteran's back disability and associated radiculopathy, including rating claims for his low back strain and left lower extremity radiculopathy. The issues of service connection for right lower extremity radiculopathy, TDIU prior to April 13, 2016, and SMC based on the need for aid and attendance are also remanded.

The Board has remanded several issues related to the Veteran's claims, including service connection for respiratory and cervical spine disabilities, as well as increased ratings for his low back and lower extremity radiculopathy. The appeals are now pending again due to the need for additional medical opinions.

The Veteran's cervical spine degenerative changes at C5-C6 and C6-C7, as well as his right upper extremity radiculopathy, are granted service connection.

The Board has remanded the Veteran's claims for further examination and development due to insufficient competent medical evidence on file. The Veteran is seeking service connection for lumbar spine disability, left lower extremity radiculopathy, trigger finger deformity of the left thumb, and trigger finger deformity of the left ring finger.

The Board has remanded the claims for right and left upper extremity radiculopathy, as well as carpal tunnel syndrome. The claims are being returned to obtain additional medical opinions that address the nature and severity of the service-connected conditions and any other diagnosed neurological disabilities.

The Veteran's claims for effective dates earlier than March 19, 2014 for the awards of service connection for degenerative disc disease of the lumbar spine and right lower extremity radiculopathy are denied.,The Veteran's claim for hypertension is remanded for further development.

The Veteran's left lower extremity radiculopathy was rated at 10 percent prior to November 21, 2011.,On and after November 21, 2011, the Veteran's left lower extremity radiculopathy has been rated at 20 percent.,The Veteran's claim for TDIU is remanded as insufficient information was provided regarding his employment history.

The Veteran's hypertension is rated as 10 percent disabling. The Board denied a higher rating, finding that the evidence did not show diastolic blood pressure predominantly 110 or more, or systolic blood pressure predominantly 200 or more.,For the period prior to May 19, 2016, the Veteran's degenerative disc disease of the lumbar spine was rated as 10 percent disabling. The Board granted a 20 percent rating, finding that the evidence showed forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.,For the period from May 19, 2016 onward, the Veteran's degenerative disc disease of the lumbar spine was rated as 20 percent disabling. The Board denied a higher rating, finding that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.,For the period prior to November 23, 2022, the Veteran's right lower extremity radiculopathy was rated as 20 percent disabling. The Board granted a higher rating, finding that the evidence showed moderate incomplete paralysis.,For the period prior to November 23, 2022, the Veteran's left lower extremity radiculopathy was rated as 20 percent disabling. The Board denied a higher rating, finding that the evidence did not show moderately severe incomplete paralysis, severe incomplete, or complete paralysis.

The Veteran's service-connected disabilities, including his lumbar spine disability and radiculopathies, have rendered him unable to secure or follow a substantially gainful occupation prior to July 16, 2021. The Board has granted TDIU for this period.

The Veteran's lumbar spine disability was evaluated at a maximum of 10 percent prior to October 27, 2022, and at a maximum of 40 percent from that date.,An initial evaluation in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is denied.

The Veteran's claims for increased ratings for lumbosacral strain with intervertebral disc syndrome and associated left lower extremity radiculopathy are being remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims of service connection for various conditions due to a lack of information about the qualifications of the examiners who conducted the September 2014 VA examinations.

The Veteran's application to reopen the claim of service connection for sciatica, right lower extremity was granted. Service connection for obstructive sleep apnea as secondary to service-connected disabilities is also granted. The claims for service connection for sciatica, right lower extremity (secondary to chronic lumbar strain) and a disability rating in excess of 10 percent for iliotibial band syndrome, bilateral knees are remanded.

The Board has decided to remand the Veteran's claims for increased ratings for radiculopathy of the left lower extremity (sciatic) and femoral nerves due to insufficient evidence from a recent VA examination. A new examination is needed to assess the current severity of these conditions.

The Board has remanded the Veteran's claims of service connection for bilateral lower extremity radiculopathy and neurogenic bladder due to a lack of substantial compliance with previous remand instructions. New opinions are needed from a VA neurologist regarding whether these conditions were caused by active service, including an in-service motor vehicle accident.

The Veteran's claim of service connection for back impairment has been reopened, but the claims for right lower extremity radiculopathy, right leg impairment other than radiculopathy (to include varicose veins), right shoulder impairment, and respiratory disorder are still pending as they require further development.

The Board has remanded the claims for service connection for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to inconsistencies in the medical opinions provided.