Radiculopathy & sciatica decisions — 2023

The Veteran's claim of service connection for sinusitis was reopened, and he is now entitled to a higher rating for his degenerative changes of the lumbar spine. Ratings were also granted for right and left lower extremity radiculopathy (femoral nerve).

The Board has found that an additional remand is required to ensure substantial compliance with prior Board remand directives for the Veteran's lumbar spine disability and related radiculopathy claims. The claims are being returned for further development, including obtaining a medical examination.

The Board has found that further development is needed for the claims of service connection and initial disability evaluation for left knee strain, degenerative disc disease (lower back), left hip degenerative joint disease, and left lower extremity radiculopathy. The Veteran's service records show he was injured in 1980 while playing basketball, which may be related to his current disabilities.

The Veteran's claims for service connection are being remanded due to the inability to obtain his service treatment records and personnel files. The AOJ is instructed to contact relevant departments and request these records, document all efforts made, and provide the Veteran with an opportunity to submit any additional evidence.

The Veteran requested to withdraw the appeal of four issues related to low back disability, brain injury residuals, and radiculopathy. The Board dismissed these appeals as a result.

The Veteran's service-connected disabilities did not render him unemployable prior to February 11, 2014. The Board denied entitlement to TDIU on a schedular and extraschedular basis.

The Board has granted a rating of 20 percent for right and left lower extremity radiculopathy, effective May 2, 2016. The Veteran's back disability is remanded for further development.

The Board has remanded the Veteran's claims for increased ratings for his service-connected thoracolumbar strain and left lumbar radiculopathy, as well as his claim for a TDIU. The AOJ is instructed to obtain all relevant VA treatment records and schedule the Veteran for an examination regarding the current nature and severity of his back conditions.

The Veteran's service-connected back disability is being remanded for a VA examination to determine the current nature and severity of his condition, including during flare-ups or after repeated use over time.

The Board has remanded several issues, including service connection claims and increased evaluation requests for various disabilities. The Veteran's appeal remains pending.

The Board has found that the AOJ did not substantially comply with prior remand directives and requires addendum opinions regarding whether the Veteran's substance abuse disorder is at least as likely as not aggravated by a service-connected disability.

The Board has restored the 20 percent ratings for radiculopathy of the right and left upper radicular group nerves from October 1, 2018.

The Board has granted service connection for a back disability, left leg radiculopathy of the sciatic nerve, and right leg radiculopathy of the sciatic nerve.,A rating of 10 percent is granted for residuals of left varicocelectomy.

The Veteran's appeals for increased ratings for Crohn's disease, hearing loss, and left lower extremity sciatic nerve disability are being remanded due to the need for additional medical examinations and updated evidence.

The Veteran's claim for a higher evaluation for chronic back strain with mechanical low back pain and left lower extremity radiculopathy has been granted, with specific evaluations of 20 percent for the back strain and 40 percent for the radiculopathy.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about the adequacy of the independent medical opinions provided.

The Board has remanded the Veteran's claims for service connection for bilateral lower extremity radiculopathy due to a lack of sufficient evidence regarding the etiology of his condition. The Veteran is not currently service connected for a lumbar spine disorder, but there are in-service reports of low back pain that radiated into both thighs and an assessment of questionable sciatica.

The Veteran's claim for restoration of a 20 percent rating for his lumbar spine disability is granted. The claims for increased ratings for right and left lower extremity sciatic nerve radiculopathy are remanded, as is the TDIU claim.

The Board denied the Veteran's claims for service connection for lumbar spine degenerative disc disease and left lower extremity radiculopathy, finding that there was no evidence to support a nexus between these conditions and his military service.

The Board has remanded the claims for service connection for obstructive sleep apnea and bilateral hearing loss due to insufficient medical opinions. The claim for service connection for a lumbar spine disorder remains pending.