Radiculopathy & sciatica decisions — 2023

The Board has determined that the Veteran's claims for increased evaluations and service connection are inextricably intertwined with his TDIU claim, earlier effective date claim, and need for VA examinations. The issues must be remanded to allow for further development.

The Veteran's diabetes mellitus has been rated at the 20 percent level, which is the maximum rating available under Diagnostic Code 7913.,The Veteran's right lower extremity sciatic diabetic peripheral neuropathy and left lower extremity sciatic diabetic peripheral neuropathy have both been rated at the highest possible 40 percent ratings.

The Board denied increased ratings for radiculopathy of the lower extremities and spondylolysis, but granted service connection for hearing loss in the left ear. The effective date remains unchanged.

The Veteran's claims for service connection have been granted, with the exception of bronchitis and cervical radiculopathy in both upper extremities. The PACT Act presumption has been applied to sinusitis.

The Board has decided to remand the Veteran's claims for service connection for left upper and lower extremity peripheral neuropathy, as secondary to herbicide exposure. The VA will need to provide a new opinion on whether these conditions are related to his service-connected aneurysm.

The Board has denied service connection for a chronic cervical spine disorder, left upper extremity radiculopathy, and right upper extremity radiculopathy. The lumbar spine disability is remanded for additional development regarding the Veteran's increased rating claims.

The Board has remanded several issues related to service connection for chronic fatigue syndrome and various back disabilities, as well as ratings for radiculopathy. The Veteran's claims are pending further development.

The Veteran's degenerative disc disease of L5-S1 with intervertebral disc disease involving nerve roots L4-S1 on left and left sciatic nerve has been rated at 60 percent disabling, but the appeal is for a higher rating. The Board found that the disability does not warrant an increase beyond this level.

The Board has granted an effective date of June 8, 2016 for the Veteran's TDIU claim. The decision resolves doubt in favor of the Veteran and finds that his disabilities worsened within a year prior to the June 8, 2017, date of claim.

The Veteran's bilateral sciatica is rated at 40 percent each, but no higher. The disability is characterized as moderately severe with symptoms such as foot drop and loss of strength in the lower extremities.

The Veteran's appeal is being remanded due to incomplete evaluations and the need for additional examination. The TDIU claim will be held in abeyance until the increased rating claim is resolved.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Veteran's right lower extremity radiculopathy is rated at 40 percent from April 17, 2009 to May 14, 2018 and thereafter. His left lower extremity radiculopathy is rated at 20 percent from April 17, 2009 to June 18, 2015 and thereafter.,The Veteran's right lower extremity radiculopathy has been rated as moderate incomplete paralysis since May 14, 2018.

The Veteran's service connection claim for left ankle disability is denied as the evidence does not support a finding of in-service incurrence or aggravation.,Service connection for male reproductive system disability (including prostatitis, ED, and BPH) is granted as the evidence supports that these conditions are secondary to medications used to treat service-connected disabilities.,Service connection for radiculopathy of right upper extremity is denied due to lack of supporting medical evidence.,Service connection for radiculopathy of left upper extremity is denied due to lack of supporting medical evidence.,Service connection for radiculopathy of right lower extremity is denied due to lack of supporting medical evidence.

The Veteran's claims for increased ratings for his bilateral sciatic and femoral nerve neuropathies are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran withdrew his appeal for all issues related to the initial ratings and service connection claims. The Board dismissed the appeal due to the Veteran's withdrawal.

The Board has denied service connection for left knee osteoarthritis, diabetes mellitus, erectile dysfunction, right leg sciatic radiculopathy, and right leg meralgia paresthetica (neurological disability associated with the groin).,There is no evidence of any neurological disability until a March 2007 EMG revealed diagnoses of right leg sciatic radiculopathy at the L5-S1 vertebrae and right leg meralgia paresthetica.

The Veteran's cervical spine disability was not rated higher than 20 percent prior to August 8, 2005, and not higher than 30 percent from that date.,The Veteran's right knee tendonitis with arthritis did not meet the criteria for a rating in excess of 10 percent.

The Board has remanded the case due to insufficient examinations and needs to provide new VA examinations for the Veteran's cervical spine (neck) and lumbar spine (back) conditions. The claims will be reconsidered based on the new evidence.

The Veteran's TDIU claim is remanded due to the inextricably intertwined nature of issues, including a possible referral for an extraschedular TDIU. The effective date for the TDIU must be determined based on when the increase in disability causing unemployability actually occurred.