Radiculopathy & sciatica decisions — 2023

The Veteran's appeals for higher ratings on his service-connected left shoulder injury, cervical spine disability, and radiculopathy of the left upper extremity were denied. The current ratings are 20 percent for each condition.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, including alopecia, degenerative changes L5-S1, left and right lower extremity radiculopathy, rheumatism of the femoral nerves associated with these conditions, and tinnitus. The effective date for this grant is to be determined by the agency of original jurisdiction.

The Veteran's entitlement to a TDIU was denied for the period from December 11, 2012 to April 1, 2014 and granted for the period from April 2, 2014 to January 25, 2016. The issue of TDIU beginning January 26, 2016 is dismissed due to the Veteran's 100% disability rating.

The Veteran's service-connected PTSD, bilateral pes planus, and spinal condition with radiculopathy are found to be etiologically related to his obstructive sleep apnea. The TDIU claim is also granted.

The Veteran's claims for increased ratings for radiculopathy of the left and right lower extremities (femoral) prior to specific dates have been remanded due to insufficient evidence.

The Veteran's back disability is rated at 20 percent, and her bilateral lower extremity radiculopathy is also rated at 20 percent each.,The Veteran's claim for increased rating for the back disability was denied.

The Veteran's death was not due to his service-connected degenerative arthritis of the lumbar spine with associated radiculopathy.,The cause of the Veteran's death (chronic respiratory failure, acute on chronic diastolic heart failure, chronic kidney disease, and cirrhosis) is not considered to be related to his active service.

The Veteran's right and left upper extremity radiculopathy were found to be manifested by mild incomplete paralysis prior to November 23, 2016. The Board denied entitlement to higher disability ratings for these conditions.

The Board has remanded the Veteran's claims for cervical spine disability, back disability, radiculopathy of upper and lower extremities, bilateral shoulder, knee, hip disabilities, and migraines due to insufficient evidence on whether these conditions are proximately due to or aggravated by his service-connected PTSD.

The Veteran's service-connected disabilities do not meet the criteria for a total disability evaluation based on individual unemployability due to his inability to secure and follow substantially gainful employment.

The Veteran's service-connected lumbar spine degenerative arthritis and bilateral lower extremity radiculopathy have precluded her from securing and maintaining a gainful employment as of December 19, 2021.

The Board denied service connection for a lower back disability, left wrist disability, neck disability, and left shoulder disability. Service connection was granted for tinnitus.,Service connection for the Veteran's claimed conditions is not supported by evidence of record.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess his lumbar spine disability and left lower extremity radiculopathy. The issues of increased evaluations and TDIU are also remanded.

The Veteran's claims for service connection were denied. The Board found no evidence of a current disability, or causal relationship to service.

The Veteran's appeal for bilateral inguinal hernia repair was dismissed as the Veteran explicitly requested withdrawal.,The Veteran's appeal for an initial rating higher than 10 percent for tinnitus was also dismissed as the Veteran and his representative withdrew the appeal.

The Board has denied service connection for cervical spine condition, right knee condition, left wrist condition, right shoulder condition, and left shoulder condition. The Veteran's other conditions have been rated based on their current severity.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and need for additional evidence. The issues include left upper extremity radiculopathy, cervical spine condition, lumbosacral spine condition, skin condition, GERD, and heart condition.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his left and right lower extremity lumbar radiculopathies due to incomplete consideration of new evidence from a VA examination.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate VA examinations and lack of sufficient medical evidence. The Veteran is required to undergo further examination to determine the nature, extent, and etiology of his claimed disabilities.

The Veteran's cervical spine disability is granted as service connected, with the Board finding that his current diagnosis and preexisting condition aggravation are related to military service.,Service connection for bilateral upper extremity radiculopathy associated with cervical spine disability is also granted. The VA examiner opined it was at least as likely as not secondary to the Veteran's cervical spine disability.,The Veteran's left ankle disability has been assigned a maximum available rating of 20 percent.