Radiculopathy & sciatica decisions — 2023

The Veteran's claims for PTSD and mental conditions were reopened due to the submission of new and material evidence. Service connection was granted for a sciatic nerve condition of the left lower extremity, but denied for the right lower extremity.,Service connection for PTSD remains denied.

The Board has determined that the reduction of disability ratings for right and left lower extremity radiculopathy from 20 percent to 10 percent effective June 1, 2015 was improper. The Veteran's claims are being remanded for further action.

The Veteran's skin disability is currently rated at 60 percent, effective October 11, 2007. The Board has denied an evaluation in excess of this rating.

The Board has granted a 40 percent rating for left upper extremity radiculopathy, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and insufficient evidence regarding the etiology of his neck, bilateral carpal tunnel syndrome, and back disabilities. The Veteran is also being asked to provide additional information about flareups and repeated use over time.

The Board has remanded the issues for further development due to outstanding private treatment records, including from Dr. Cyr and North Central Baptist Hospital.

The Board has remanded several claims for further action, including the assignment of effective dates and the need for new VA examinations. The Veteran's service-connected cervical strain, lumbar strain, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy are all under review.

The Board has granted service connection for left lower extremity radiculopathy as secondary to service-connected degenerative disc disease of the lumbar spine. The claims for right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and right shoulder pain are denied.

The Veteran's radiculopathy of the left lower extremity was granted service connection based on secondary to his lumbar spine disability. An effective date of November 6, 2003, but no earlier, is assigned.

The Veteran's claim for a 100% rating for panic disorder, effective December 29, 2016, is granted. The Board finds that the evidence is at least evenly balanced as to whether the symptoms and overall impairment caused by the Veteran's panic disorder more nearly approximated total occupational and social impairment.

The Veteran's major depressive disorder is rated at 100 percent, effective November 2, 2017. The Board also granted TDIU based on the combined effect of his service-connected disabilities.

The Veteran's sciatic radiculopathy of the right lower extremity was rated at 20 percent prior to November 7, 2022. The Board found that his symptoms did not meet the criteria for a higher rating due to their almost wholly sensory nature and intermittent weakness.

The Board has remanded the Veteran's claims due to inadequate examinations and failure to address discrepancies between subjective symptoms and objective findings. The Veteran is also required to undergo a new examination for his diabetic neuropathy, with specific attention to distinguishing other causes of disability from diabetic neuropathy.

The Board dismissed the appeals for increased disability ratings and TDIU due to the Veteran's withdrawal of his appeal.

The Veteran's lumbosacral strain was granted service connection in November 2016, and an increased rating of 40 percent from March 29, 2018 to March 7, 2019 has been awarded.,Effective September 20, 2017, the Veteran's bilateral lower extremity radiculopathy was granted service connection. Initial ratings for both conditions were denied.

The Veteran's claims for increased ratings and TDIU are remanded due to inadequate medical opinions from the November 2022 VA examiner. Additional addendum opinions are needed regarding the current severity of his back disability and right lower extremity radiculopathy, including measurements of functional loss during flare-ups or repetitive use over time prior to December 2021.

The Board has remanded several claims for additional development, including obtaining updated VA treatment records and attempting to obtain any outstanding private medical records. The Veteran's service-connected conditions include PTSD, cervical spine strain with degenerative arthritis, lumbar strain with intervertebral disc syndrome, left lower extremity radiculopathy, laparoscopic cholecystectomy with gastroesophageal reflux disease (GERD), and residual scars from the procedure.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current lumbar spine disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period.,The Board remanded the issue of service connection for bilateral lower extremity radiculopathy due to conflicting opinions on whether the condition is related to active service or secondary to service-connected disabilities.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy disabilities have prevented him from securing or following a substantially gainful occupation since March 31, 2009. The Board has granted entitlement to TDIU on an extraschedular basis.

The Board denied an increased rating for sciatic radiculopathy of the left lower extremity, granting a 20 percent disability rating prior to July 10, 2019, and denying any higher rating thereafter. The Veteran's symptoms were characterized as moderate.