Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings for thoracolumbar spine strain, right and left lower extremity radiculopathy are being remanded due to the need for additional VA treatment records.

The Veteran's initial ratings for his thoracolumbar spine and left lower extremity disabilities were denied, with the exception of a separate 20 percent rating granted for left lower extremity femoral nerve impairment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the overlap of symptoms between radiculopathy and neuropathy, as well as unclear diagnoses.

The Veteran's claim for an earlier effective date for radiculopathy of the left lower extremity was denied as VA did not receive a valid claim prior to June 15, 2015.,Claims for service connection for various conditions were previously denied in final rating decisions dated October 2006 and March 2009. The Veteran's claims have been reopened but no new evidence was submitted within one year of these decisions.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current carpal tunnel syndrome is related to service, including as a result of typing as part of his duties as a radio operator.

The Veteran's service-connected cervical spine fracture of C2-C3, with associated radiculopathy of the bilateral upper extremities, renders him incapable of obtaining and maintaining substantially gainful employment as of April 9, 2015.,Special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is granted for the Veteran's service-connected disabilities effective April 9, 2015.

The Veteran's right lower extremity radiculopathy is caused by his service-connected low back disability, and the claim for service connection is granted. The claims for higher ratings of right hip osteoarthritis, hypertension, and GERD are remanded.

The Board has determined that further development is needed to address the Veteran's claims for service connection of OSA, including whether his service-connected disabilities cause or aggravate OSA and whether obesity is a substantial factor in causing OSA.

The Veteran's service-connected back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are all rated at 40 percent effective June 3, 2008. TDIU is granted from June 3, 2008 to December 19, 2016.

The Veteran's right lower extremity radiculopathy and bilateral hip DJD have been rated at 20 percent each since July 10, 2014. The Veteran's hemorrhoids are not service-connected.

The Board has remanded the cases due to issues with communication and further development is required.

The Board has withdrawn the claim of service connection for lupus and remanded the claims for a lumbar spine disorder, left lower extremity radiculopathy, and a left shoulder disorder.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability prior to August 10, 2020 due to insufficient evidence showing he was unable to secure and follow a substantially gainful occupation.

The Board has granted service connection for low back disability, left hip pain, and internal hemorrhoids. The Veteran's low back disability is presumed related to his service in the Southwest Asia theater of operations.

The Board has found that the AOJ did not substantially comply with prior remand directives and requires a new readjudication of the issue on appeal, including consideration of all evidence added to the record since the January 2018 SSOC.

The Veteran's initial ratings for radiculopathy of the right and left upper extremities have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Board has remanded the claims for a higher rating for the low back disability, right and left lower extremity radiculopathy, and TDIU prior to April 10, 2013 due to inadequate medical opinions regarding flare-ups and functional loss.,Additional VA examinations are needed to address the Veteran's range of motion during flare-ups and after repeated use over time. The claims for right and left lower extremity radiculopathy will also be remanded to evaluate whether a higher rating is warranted prior to July 21, 2022.

The Board has remanded the Veteran's claims for bilateral hearing loss, neck condition, upper extremity radiculopathy (RUE and LUE), back condition, lower extremity radiculopathy (RLE and LLE), right shoulder condition, left shoulder condition, right elbow condition, left elbow condition, right knee condition, left knee condition, right foot condition, and left foot condition.,The Board found that the Veteran's claims for these conditions are inextricably intertwined with his neck condition and other related claims.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.

The Veteran's radiculopathy of the external popliteal nerve in both lower extremities, as well as the musculocutaneous and anterior tibial nerves in both legs, are granted secondary to his service-connected lumbar spine disability.,Radiculopathy of the posterior tibial nerve in both legs is also granted secondary to his service-connected lumbar spine disability. Radiculopathy of the internal saphenous nerve in both legs was not granted as secondary.