Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities, including his back disability and dysthymic disorder, have rendered him unable to secure or follow substantially gainful employment since May 2011.

The Veteran's claims for increased ratings and effective dates have been denied across multiple conditions, with the exception of a 30 percent rating for GERD granted.

The Veteran's lumbar spine disability, radiculopathy of the lower extremities, and right shoulder disability have been granted increased ratings. The Veteran's right knee disability has not met the criteria for an increased rating.

The Veteran's service-connected Ischemic Heart Disease/Coronary Artery Disease (IHD/CAD) alone does not meet the criteria for a Total Disability Rating due to Individual Unemployability (TDIU).

The Veteran's right hand condition, thoracolumbar spine disability, radiculopathy of the bilateral lower extremities, and bilateral knee disability are all granted. The Veteran is also awarded a higher rating for his service-connected right hand condition.

The Board has granted service connection for a back disability, erectile dysfunction, and hypertension. The back disability is secondary to the Veteran's service-connected left total knee replacement and right foot metatarsalgia with pes planus. Erectile dysfunction is also secondary to his service-connected disabilities. However, hypertension was not incurred in or aggravated by service.

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

The Board has granted service connection for a neck disability, radiculopathy of the upper extremities as secondary to a service-connected neck disability, and headaches as secondary to a service-connected neck disability.

The Board dismissed the appeal for an increased initial disability rating in excess of 20 percent for radiculopathy of the left lower extremity as it was not properly appealed and is final.

The Veteran's diabetes mellitus type 2 is currently rated at 20 percent, which is the maximum rating available under VA regulations. The Veteran's peripheral neuropathy of the sciatic nerve in both lower extremities and the femoral nerve in his right and left lower extremities are each rated at 10 percent.,The Veteran's service-connected disabilities have not been shown to be of such severity so as to preclude substantially gainful employment.

The Veteran's lumbar spine disability is rated at 20 percent prior to October 24, 2019. The Board granted an initial rating of 20 percent for the left and right lower extremity radiculopathy associated with the lumbar spine disability.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board denied service connection for thoracolumbar spine degenerative disc disease, tinnitus, and bilateral lower extremity sciatica (now claimed as peripheral neuropathy). The most probative evidence did not show a link between these conditions and the Veteran's service.,The Board also found that there was no continuity of symptomatology related to arthritis of the low back since service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for additional medical opinions and information regarding the training and supervision of the Resident Physicians who performed his hip replacement surgery.

The Veteran's service-connected cervical and thoracolumbar spine disabilities, along with associated radiculopathy, are found to be of sufficient severity to produce unemployability since January 6, 2016.

The Board has granted service connection for sleep apnea secondary to PTSD and a rating of 20 percent for right lower extremity peripheral neuropathy of the sciatic nerve. The case is remanded for an addendum medical opinion regarding erectile dysfunction.

The Veteran's radiculopathy of the right lower extremity (sciatic nerve) has been rated at 10 percent and is being remanded for a new examination to determine if a higher rating is warranted.

The Veteran's right lower extremity sciatic radiculopathy was rated at 20 percent prior to May 27, 2021 and at 40 percent thereafter. The Veteran's right lower extremity femoral nerve radiculopathy was rated at 20 percent.,The Veteran's right lower extremity sciatic radiculopathy is now rated at 40 percent from May 27, 2021 onwards.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to December 12, 2018.

The Veteran's right lower extremity sciatic nerve radiculopathy is granted an increased rating to 40 percent effective February 14, 2022.