Radiculopathy & sciatica decisions — 2023

The Board has remanded the claims for right knee disability and degenerative arthritis of the lumbar spine with stenosis and radiculopathy due to inadequate medical opinions in prior decisions. The Veteran's service connection claims are now pending again.

The Board has dismissed all appeals as the Veteran withdrew her appeal prior to a decision being made.

The Veteran's persistent nausea associated with thoracic radiculopathy is granted an initial rating of 40 percent, effective from November 24, 2015.

The Veteran's right lower extremity radiculopathy (femoral nerve) is now rated at 30 percent, effective September 27, 2018. His prior rating for sciatic nerve radiculopathy has been restored.

The Board has granted service connection for lumbar strain, but remanded the issues of service connection for a back disability other than lumbar strain, left sciatica, and left and/or right hip disability.,Service connection is granted for lumbar strain due to in-service injury and continuity of symptoms.

The Veteran's claim for increased ratings is being remanded to obtain additional examinations and evaluations regarding his cervical spine disability, including any associated neurological conditions.,Separate ratings are also needed for any associated bilateral lower extremity (BLE) neurological disorder secondary to the service-connected cervical spine disability.

The Veteran was granted a TDIU effective August 1, 2008. The decision found that his service-connected disabilities prevented him from securing or following any substantially gainful employment.

The Veteran's claims for service connection of diabetes mellitus, type II, fibromyalgia, a cardiovascular condition, right lower extremity neuropathy, left lower extremity radiculopathy, and obstructive sleep apnea are remanded. The Board finds that additional development is needed to address the etiology of these conditions.

The Board granted an initial rating of 40 percent for right lower extremity radiculopathy of the sciatic nerve, but denied a higher initial rating for right lower extremity radiculopathy of the femoral nerve.

The Veteran's disability rating for sciatic nerve irritation of the left leg associated with L5 vertebral spondylolysis was initially denied prior to November 16, 2022. From that date onwards, a 20 percent rating has been granted.

The Board has remanded the case for compliance with the terms of the joint motion for remand, including obtaining updated VA treatment records and scheduling an appropriate VA examination to assess the severity of the Veteran's left lower extremity radiculopathy. The TDIU claim is also remanded.

The appellant has withdrawn his appeals for left shoulder disability, increased rating for right lower extremity radiculopathy, and earlier effective date for right lower extremity radiculopathy. The Board has dismissed these appeals.

The Veteran's service-connected psychiatric disability alone prevented him from obtaining and maintaining substantially gainful employment, leading to a TDIU rating effective May 1, 2021.

The Veteran's service-connected disabilities do not meet the threshold requirements for TDIU, and they do not render him unemployable on an extraschedular basis for the rating period prior to September 29, 2014.

The Veteran was granted TDIU from May 28, 2015 to October 31, 2017 due to his service-connected disabilities. After this period, the Board denied TDIU as of October 31, 2017.

The Board has remanded the Veteran's claims for a thoracic spine disorder and bilateral lower extremity radiculopathy due to inadequate examination. The case is being returned for further evaluation.

The Veteran's claim for a separate disability rating for urinary incontinence as a neurological complication of lumbar degenerative joint disease and degenerative disc disease is granted on and after January 13, 2016. The claims for TDIU, excess ratings for various knee conditions, right lower extremity sciatic radiculopathy, cervical spine disability, and kidney stones are all remanded.

The Veteran's TDIU claim for prior to November 14, 2017 is granted. The remaining issues of increased ratings for lumbar spine condition and lower extremity radiculopathy are remanded.

The Board has granted service connection for degenerative arthritis of the spine and left lower extremity lumbar radiculopathy, finding that these conditions are related to the Veteran's active military service.

The Veteran's claims for increased ratings and service connection are remanded due to the need for updated medical records and examinations.