Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings and other benefits were denied. The lumbar spine disability was rated at 100% during convalescence, then 40%. The left lower extremity radiculopathy of the femoral nerve was granted a 20% rating prior to January 5, 2022, but denied for higher ratings thereafter. The left lower extremity radiculopathy of the sciatic nerve was also granted a 20% rating prior to January 5, 2022, but denied for higher ratings thereafter. The lumbar spine surgical scar was rated at 10%. TDIU and SMC were not warranted prior to November 27, 2018.

The Veteran's back disability and bilateral lower extremity radiculopathy of the sciatic nerves have not resulted in a higher rating from March 10, 2014 to August 26, 2014, September 9, 2015 to May 10, 2020, and since May 1, 2021.,The Veteran's right and left lower extremity radiculopathy of the sciatic nerves have not resulted in a higher rating from May 1, 2021.

The Veteran's cervical spine disability, diagnosed as cervical strain, intervertebral disc syndrome, and disc bulge at C5-C6, is granted service connection.,Service connection for radiculopathy of the right upper extremity, secondary to cervical spine disability, is also granted.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for obstructive sleep apnea as secondary to service-connected posttraumatic stress disorder, lumbar degenerative disc disease, and bilateral lower extremity radiculopathy. The Veteran needs a new VA examination to address these issues.

The Veteran's claim for service connection for radiculopathy of the right lower extremity was granted with an effective date of December 5, 2018. The rating assigned is 10 percent.

The Veteran's GERD and back disability are remanded for further examination, while the right and left lower extremity radiculopathy ratings remain under review.

The Board denied service connection for a left leg disorder and a left ankle disorder, finding that the Veteran's symptoms are part of her already established service-connected disabilities.,Eligibility for financial assistance in purchasing an automobile or adaptive equipment was also denied due to lack of qualifying disability.

The Veteran's bilateral lower extremity radiculopathy has been rated at the maximum available rating of 20 percent since April 17, 2017. The Board finds that a higher rating is not warranted for any of the conditions.

The Veteran's claims for increased ratings have been withdrawn. The Board has also remanded several issues related to service connection and rating criteria due to the need for additional medical examinations or studies.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for service-connected lumbar strain, service connection for cervical spine disability, and various nerve disabilities. The Veteran will need to undergo new VA examinations to assess his current condition and provide opinions on the nature and etiology of these conditions.

The Veteran's claims for increased evaluations of his service-connected disabilities are being remanded due to the need for additional examinations and development of records.

The Board dismissed the appeal for service connection of whiplash injuries to the shoulders and granted a TDIU rating from September 9, 2020.

The Veteran's service-connected disabilities do not render him unemployable, as he has been working part-time since February 2022 and his limitations are manageable.

The Board has decided that the Veteran's claim for service connection for left lower extremity sciatic nerve radiculopathy, to include as secondary to lumbar strain should be remanded due to insufficient evidence and need for further examination.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's service-connected low back strain and its relationship to his current diagnoses. The issues of increased rating for recurrent low back strain and service connection for left lower extremity radiculopathy are being returned to VA for further evaluation.

The Veteran's right leg sciatica and radiculopathy prior to March 15, 2021 is currently rated at 10 percent.,From March 15, 2021, the Veteran's right leg sciatica and radiculopathy are currently rated at 20 percent.,The Veteran's left leg sciatica and radiculopathy are currently rated at 20 percent.

The Veteran's initial compensable evaluation for bilateral hearing loss prior to September 23, 2022 has been denied.,The Veteran's initial rating in excess of 10 percent for bilateral hearing loss since September 23, 2022 has also been denied.

The Veteran meets the schedular requirement for TDIU due to his service-connected COPD, which renders him unable to follow a substantially gainful occupation. The decision is granted from May 29, 2011.

The Veteran's appeals for increased ratings were dismissed as he withdrew his appeal in writing.

The Board has remanded the Veteran's claims for service connection and disability ratings due to incomplete development of records, including VA treatment records. The Veteran is also being remanded for a determination on his claim for TDIU.