Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings for his lumbosacral spine disability and right lower extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes.

The Veteran withdrew his appeals for all remaining issues, including service connection and rating claims.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, DDD of the lumbar spine, IVDS, and various knee conditions, have rendered him unable to secure or follow substantially gainful employment since July 9, 2018.

The Veteran's radiculopathy of the left lower extremity is being remanded for a new examination to assess its current severity. The propriety of reducing his lumbar spine disability rating from 20 percent to 10 percent remains unresolved.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and a VA medical examination to assess the Veteran's employment capacity due to his service-connected disabilities. The issues of rating left ankle chronic ligament strain and TDIU are inextricably intertwined.

The Veteran's left upper extremity radiculopathy is granted as secondary to his service-connected cervical spine disability. The claims for prostate, gout, glaucoma, acquired psychiatric disability (including PTSD), left shoulder, right shoulder, and obstructive sleep apnea are remanded.

The Veteran's hypertension is rated as noncompensable, and the claim for service connection for osteosclerosis must be denied.,The Veteran seeks an increased rating for his spondylotic changes lumbar spine, but a VA examination is needed to comply with the August 2019 Board remand directives.,The Veteran's right lower extremity radiculopathy and coronary artery disease status post myocardial infraction, stable angina and hyperlipidemia are both being remanded for further evaluation due to incomplete medical records and lack of exercise stress test.,The Veteran's spondylotic changes lumbar spine claim is also being remanded as the VA examination report noted that evidence of pain on passive range of motion testing was 'N/A'.

The Veteran's service-connected exercise-induced asthma, allergic rhinitis, lumbosacral strain, and radiculopathy of the right lower extremity are all rated at 10 percent. The Board has determined that updated examinations are needed to assess the current severity of these conditions.

The Board has determined that the Veteran's claims for service connection regarding his knee, back, hip, and sciatic nerve disabilities need further examination to determine their etiology. The case is therefore being remanded.

The Board has remanded the claims for service connection for various disabilities, including back disability, right and left lumbar radiculopathies, wrist disabilities, nerve disabilities of the upper extremities, and elbow disabilities due to concerns about the competency of the VA examiners.

The Board has remanded the claims for additional development due to incomplete VA examinations and other procedural issues.

The Veteran's claim for an increased rating for left lower extremity radiculopathy is denied as the evidence does not support a finding of moderate severe incomplete paralysis prior to December 7, 2021. The effective date for service connection is also denied.

The Board has remanded the case due to insufficient examination by a qualified orthopedist, and further development is needed.

The Veteran's radiculopathy of the left lower extremity has been rated at 20 percent since February 2017. The Board has remanded for further development, including consideration of a TDIU due to service-connected disabilities.

The Board has determined that there is no current disability related to the Veteran's service connection claims for nerve damage affecting the right side of his face and a neurological disorder of the right upper extremity.

The Veteran's appeals for increased ratings have been withdrawn. The Board has also remanded the cases for additional examinations and consideration of new evidence.

The Veteran's sciatica right lower extremity associated with degenerative disc and facet disease is now rated at 40 percent from December 4, 2019. The previous rating of 10 percent prior to that date remains unchanged.

The Board has determined that the claims for service connection and evaluations of various spine disabilities, including radiculopathies, need to be remanded due to incomplete records and the need for additional examinations.

The Board has determined that service connection for a lower back disability is denied as there is no evidence of such condition during active duty or within one year post-service.,Service connection for bilateral lower extremity radiculopathy is also denied, with the Board finding that current radiculopathy is not related to service-connected conditions.

The Veteran's neck disability is granted a 30% rating effective February 1, 2017. The ratings for right and left lower extremity radiculopathy remain at 40%. A higher rating is denied.