Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine spondylosis with degenerative arthritis and right lumbar radiculopathy, as well as his claim for a TDIU. The case must be remanded to obtain an adequate VA examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate development. The right lower extremity radiculopathy claim requires a VA examination, and the DDD involving the lumbosacral spine claim needs an addendum opinion regarding functional equivalent of ankylosis.

The Veteran's service-connected PTSD has been granted a 70 percent rating, effective from October 11, 2022. Other conditions have also received increased ratings.

The Veteran's cervical spine, right arm radiculopathy, lumbar spine, right hip, and left hip disabilities are granted as service-connected.,His skin condition (chloracne) is denied as not being related to active service.

The Veteran's claims for higher ratings for scars on the right hand, left and right lower extremity diabetic peripheral neuropathy affecting the sciatic nerve, and left and right lower extremity diabetic peripheral neuropathy affecting the femoral nerve are all denied.

The Veteran's lumbar condition is being remanded for further development due to a duty-to-assist error, including obtaining an addendum VA opinion and possibly a new examination.

The Board has decided that the Veteran's spinal stenosis with DDD and bilateral lumbar radiculopathy should be remanded for further examination to determine if it is related to service or secondary to his service-connected knee and shoulder disabilities. The total disability rating due to individual unemployability issue is also being remanded.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU rating based on these conditions.

The Veteran's claims for increased ratings for sciatic and femoral nerve radiculopathies of the lower extremities have been denied. The Board found that the current ratings adequately reflect the severity of the disabilities.

The Board has determined that the Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment due to his back, right lower extremity radiculopathy, and bilateral knee conditions. The decision grants a TDIU on an extraschedular basis.

The Veteran's cervical spine disability, right and left upper extremity radiculopathy, and lumbar spine disabilities have been granted evaluations ranging from 30 to 50 percent. The effective dates for these evaluations are August 31, 2009, for the cervical spine disability and August 18, 2021, for the upper extremity radiculopathies.

The Board has granted an initial disability rating of 10 percent for service-connected RLE DVT. The claim for a higher initial rating for RLE Radiculopathy is remanded.

The Board denied service connection for hypertension, respiratory disorder, memory loss, low back disability, and sciatica. The Veteran's conditions were not found to be related to his active service.

The Veteran's claims for increased disability ratings and TDIU have been remanded due to the need for additional development, including obtaining VA treatment records and providing a retrospective medical opinion regarding functional loss during flare-ups.

The Veteran's appeal for a higher disability rating for chronic thoracic strain was denied. A separate disability rating of 20 percent for radiculopathy of the left lower extremity is granted effective November 13, 2018.

The Veteran's left and right lower extremity radiculopathy of the sciatic nerve have been granted initial disability ratings of 40 percent each, effective from the date of the decision.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for his back disability, LLE sciatic nerve radiculopathy, and LLE femoral nerve radiculopathy due to insufficient evidence from previous examinations.

The Veteran's service-connected disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment since November 30, 2018.

The Veteran's service-connected disabilities, including PTSD, DJD of the shoulders and knees, DDD of the lumbar spine, and bilateral radiculopathy, have rendered her incapable of providing basic care for herself. The Board has determined that she requires regular aid and attendance due to her physical and mental incapacities.

The Veteran's back disability, sciatica of the right and left lower extremities, and neck disability are all granted as service-connected.