Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to August 16, 2016.

The Board has granted service connection for radiculopathy of the right and left lower extremities as secondary to the Veteran's service-connected degenerative disc disease of the lumbar spine.

The Board dismissed all appeals as the appellant died during the pendency of the appeal.

The Board has ordered the VA to conduct additional examinations and provide an addendum opinion regarding the Veteran's lower back disability and right lower extremity radiculopathy. The remand is due to ensure that the findings from prior examinations are considered, if possible.

The Veteran's claim for service connection for Major Depressive Disorder is granted. The claims for increased ratings for Diabetes Mellitus type II and diabetic peripheral neuropathy of the bilateral lower extremities are denied.

The Veteran's radiculopathy of the right upper extremity is granted at a 40 percent rating, effective from March 16, 2012. The other issues related to cervical spine and upper extremities have been resolved with either grants or denials.

The Board has remanded the cases for additional development, including obtaining medical opinions regarding the etiology of the Veteran's bilateral hearing loss and psychiatric disability, as well as assessing the current severity of his lumbar spine, lower extremity radiculopathy, back scars, and left ear perforated tympanic membrane.

The Board has ordered remand for new VA examinations due to inadequate previous evaluations and requested addendum opinions. The issues on appeal include increased ratings for various service-connected conditions, an initial rating for left lower extremity radiculopathy, and service connection for a stomach condition (GERD).

The Board has granted service connection for thoracic and lumbosacral strain (low back disability) and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions are related to his active duty service.

The Board has remanded the claims for service connection for right and left upper extremity radiculopathy, as these conditions are related to a low back disability. The case is being sent back for further examination.

The Board denied the Veteran's claims for service connection for a thoracolumbar spine disability and left lower extremity radiculopathy, finding that there was no evidence of an in-service injury or disease.,The Board also found that secondary service connection could not be established as the Veteran is not currently service connected for any condition from which the radiculopathy may be considered secondary.

The Veteran withdrew his appeal of the issues related to increased ratings for PTSD, lateral collateral ligament sprain of the right ankle, degenerative arthritis of the lumbar spine, and radiculopathy affecting the sciatic nerve. He also requested withdrawal of the TDIU issue.

The Veteran's radiculopathy in both lower extremities was granted higher initial ratings of 40 percent from February 8, 2011 to April 11, 2016. Higher initial ratings were denied for the left and right lower extremities after April 11, 2016.

The Board has decided to remand the case due to insufficient compliance with previous instructions and failure to schedule a VA examination.

The Veteran's hypertension is denied as there is no evidence of a connection to his military service.,The Veteran's left shoulder disability and right shoulder disability are both denied due to lack of in-service injury, illness or event.

The Board has remanded the claims for additional development due to insufficient medical evidence regarding the severity of the Veteran's right knee patellofemoral pain disorder, radiculopathy of the right lower extremity, left knee patellofemoral pain disorder, and chronic lumbar strain with facet hypertrophy and intervertebral disc syndrome (IVDS) from specific dates. The claims are remanded for retrospective opinions to determine these issues.

The Veteran's PTSD is granted a 70% rating, effective from the date of the decision. Other disabilities are also addressed and rated appropriately.

The Veteran was granted TDIU on an extraschedular basis for the period prior to March 31, 2015 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran withdrew his appeals for all issues related to service connection and disability ratings, effectively dismissing the appeal.

The Veteran's low back disability is rated at 10 percent, effective January 30, 2014.,The Veteran's left lower extremity radiculopathy was initially granted a 20 percent rating from January 30, 2014 to January 3, 2020.