Radiculopathy & sciatica decisions — 2023

The reduction in disability rating for persistent depressive disorder from 50% to 30% is not supported by the weight of evidence and a 50% disability rating is restored.,An effective date earlier than June 27, 2017, for the grant of service connection for persistent depressive disorder is denied.,Service connection for a low back disorder is granted.,Service connection for right lower extremity radiculopathy secondary to a low back disorder is granted.,Initial rating in excess of 50% for persistent depressive disorder prior to April 3, 2023, and in excess of 70% thereafter is remanded.,Entitlement to service connection for hypertension is remanded.,Entitlement to service connection for migraines is remanded.,Entitlement to service connection for a right shoulder disorder is remanded.

The Veteran's right lower extremity radiculopathy is granted at a 10 percent rating from November 16, 2016. The claims for increased ratings of back strain and cervical strain are remanded.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's claimed right lower extremity, left upper extremity, and right upper extremity radiculopathy disabilities. The claims are otherwise granted.

The Board has remanded the case due to inadequate examination and the need for additional evidence. The Veteran's service-connected conditions are considered, but his lay statements regarding needing aid and attendance are also taken into account.

The Veteran's service-connected disabilities alone do not preclude him from obtaining or maintaining substantially gainful employment consistent with his level of education and work history prior to May 31, 2016.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his right shoulder disorder and nerve impingement. The claims will be reconsidered with additional medical records and a thorough review of all relevant evidence.

The Veteran's claims for service connection are remanded due to the need for further development regarding his exposure to herbicide agents while stationed on C-123 aircraft in Korea and Japan.

The Veteran's claim for service connection for a separate headache disability is denied as her headaches are considered part of her existing service-connected sinusitis.,The Veteran's psychiatric disorder does not meet the criteria for an increased rating, as it does not result in occupational and social impairment with reduced reliability and productivity.

The Veteran's service connection claims for RLE and LLE sciatic radiculopathy, as well as the left knee scar, were granted with effective dates of October 9, 2019. The right knee disability and thoracolumbar spine disability received their initial effective date on October 19, 2012.

The Board has dismissed all service connection claims for various lower and upper extremity radiculopathies due to the Veteran's death during the appeal process.

The Veteran's claim for an effective date prior to June 30, 2022, for the grant of a TDIU on an extraschedular basis is being remanded due to a duty to assist error. The Board finds that there is a reasonable possibility that he was unemployable by reason of service-connected disabilities during this period.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, including degenerative arthritis of the spine and right lower extremity radiculopathy. The decision is based on evidence showing that the Veteran had in-service back pain and current diagnoses of degenerative arthritis and radiculopathy.

The Board has remanded the Veteran's claims for additional examinations and opinions to address whether his claimed disabilities are related to service, particularly given his in-service exposures and symptoms.

The Veteran's appeal was dismissed due to his death. The claims for stable angina, hypertension, RUE peripheral neuropathy, LLE femoral nerve paralysis, and LLE peripheral neuropathy affecting the sciatic nerve were not addressed as they are no longer before the Board.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's radiculopathy of the left lower extremity, sciatic nerve was rated at 10 percent prior to April 22, 2017, and increased to 20 percent thereafter. The Board found that the disability did not meet criteria for higher ratings based on incomplete paralysis.

The Board has dismissed the Veteran's service connection appeals for left knee and neck disabilities. The Board has also granted service connection for a lumbar disability, but dismissed the appeal for right lower extremity radiculopathy as secondary to the lumbar disability.

The Veteran's service-connected disabilities do not meet the eligibility criteria for financial assistance in acquiring specially adapted housing or a special home adaptation grant due to his ability to walk and use his extremities without significant aid.

The Board has remanded the claims for further development due to incomplete medical opinions regarding sleep disturbances and altered gait.

The Veteran's TDIU is granted as of June 10, 2015, due to his service-connected disabilities and employment in a 'protected environment'. The effective date for this decision is June 10, 2015.