Radiculopathy & sciatica decisions — 2023

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability prior to July 23, 2021.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, right and left lower extremity radiculopathy, tinnitus, and bilateral hearing loss, have prevented him from securing or following a substantially gainful occupation since May 18, 2010. The Board has granted TDIU effective from that date.

The Board has remanded several service connection claims due to the need for VA examinations and medical nexus opinions, including those related to sinusitis, bilateral hearing loss, low back condition, right lower extremity radiculopathy (sciatica), residuals of a shoulder injury, and migraine headaches. The claims are being returned for further evaluation.

The Veteran's ingrown toenail of the right big toe is currently rated at 10 percent, but no higher. The Board finds that his symptoms do not warrant a higher rating.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 10 percent each, and the Board finds that his symptoms do not warrant a higher rating.

The Veteran's claims for service connection and increased ratings have been granted. Service connection is established for sinusitis, lumbosacral degenerative disc disease with IVDS, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, and bilateral hearing loss. The initial 40 percent rating for lumbosacral degenerative disc disease with IVDS is maintained, as are the initial 40 percent ratings for left and right lower extremity sciatic radiculopathies effective April 8, 2022. Tinnitus remains at a maximum of 10 percent. Service connection has been reopened for left foot disability, right foot disability, and bilateral hearing loss.

The Veteran's claims for increased ratings of his service-connected degenerative joint disease and associated sciatica are being remanded due to the need for additional medical examination and evaluation.

The Veteran's acquired psychiatric disorder other than PTSD, nerve damage of the left lower extremity, right upper extremity radiculopathy associated with residuals of a neck injury, and headache disability are all granted as secondary to service-connected conditions.

The Veteran's sleep apnea is service-connected as it was caused by his service-connected conditions, including chronic sinusitis, adjustment disorder with mixed anxiety, low back strain with degenerative arthritis, left lower extremity lumbar radiculopathy, right knee degenerative joint disease, and tinnitus.

The Veteran's cervical spine disability is currently rated as 10 percent disabling. The Board has found that a higher rating is not warranted under the General Rating Formula for Diseases and Injuries of the Spine or the IVDS Rating Formula due to lack of evidence of ankylosis, muscle spasm, guarding severe enough to result in abnormal gait or spinal contour, or additional loss of range of motion. The Veteran's left upper extremity radiculopathy is separately rated.

The Board has remanded the case to determine if a TDIU should be granted on an extraschedular basis due to the Veteran's service-connected lumbar disability and left lower extremity radiculopathy.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to August 7, 2020.

The Board has remanded the Veteran's claims of service connection for low back condition, bilateral lower extremity radiculopathy, left knee condition, and left ankle condition due to incomplete records and need for further examination.

The Board has remanded the Veteran's claims for increased ratings for his right knee, lumbar spine degenerative disc disease, and bilateral lower extremity radiculopathy due to inadequate VA examination reports. The Veteran is also on appeal for a TDIU prior to June 19, 2017.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's low back disability and its associated radiculopathy. The Veteran needs a new VA examination to assess these conditions.

The Veteran's service-connected disabilities did not render him unemployable prior to September 2, 2020. The combined rating of his conditions was at least 50% but never reached the level required for a TDIU rating.

The Veteran's PTSD is granted with a 50 percent rating, effective from the date of the decision. The issues of GERD and left ear hearing loss are dismissed due to withdrawal by the Veteran. Right lower extremity radiculopathy is granted. TDIU remains pending.

The Veteran's request for restoration of the 60 percent rating for service-connected lumbar degenerative disc disease with herniation at L5-S1, effective July 26, 2016, is granted. The claims for service connection for a cervical spine disorder and left upper extremity radiculopathy are remanded.

The Veteran's appeals for effective dates and disability ratings have been withdrawn.,A new and material evidence has been received to reopen the previously denied claim of service connection for an acquired psychiatric disorder (claimed as posttraumatic stress disorder).

The Board has granted earlier effective dates for service connection of left and right lower extremity radiculopathy, but the claims for increased ratings and service connection for sleep apnea are remanded due to need for additional examinations.

The Veteran's hypertension has been rated as 10 percent disabling, but the Board found that there is no evidence of diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more during the appeal period. Therefore, a higher rating for hypertension is denied.,The Veteran's radiculopathy of the right upper extremity and left upper extremity have been remanded as there are no VA examinations addressing these conditions since July 2020.,The Veteran's cervical myositis with cervical spine degenerative disc disease has also been remanded for a new examination to determine the severity of his disability, including range of motion testing.