Radiculopathy & sciatica decisions — 2023

The Veteran has withdrawn her appeals for service connection and TDIU related to low back condition, hypertension, breast cancer, type II diabetes mellitus, bilateral carpal tunnel syndrome affecting both upper extremities, and entitlement to a total disability evaluation due to individual unemployability (TDIU).

The Veteran's claim for a higher rating for migraine headaches is denied, and the claim for a higher rating for radiculopathy of the left lower extremity from September 12, 2019 is granted.

The Board has granted service connection for an acquired psychiatric disorder as secondary to the Veteran's service-connected disabilities, including her back disability. The issues of entitlement to higher ratings for bilateral knee disability and back disability with associated radiculopathy of the left lower extremity and scar post-spinal surgery are remanded.

The Board granted effective dates of August 31, 2011 for the grant of service connection for right and left lower extremity radiculopathy. The Veteran's kidney disability was rated at 30 percent under Diagnostic Code 7508, with a separate 10 percent rating for her UTI disability. Her right foot disability is currently rated at 20 percent.

The Veteran's appeal is remanded for further evaluation of his service-connected right knee disorder.,Specifically, the Veteran's claim for an increased rating in excess of 10 percent for his right knee disorder (limitation of motion) is being returned to the RO for additional development.

The Veteran's cervical strain and degenerative disc disease (DDD) are granted service connection.,Left mastoid sinus disease is granted a separate rating, but not in excess of the current noncompensable rating.

The Board has decided that further evidence is needed to determine if the Veteran's back injury and right leg radiculopathy are related to his military service. The VA will seek additional medical records from various sources.

The Board denied service connection for tinnitus, cervical spine disability, thoracic spine disability, low back disability, right hip disability, left hip disability, traumatic brain injury (TBI), headache disability, right upper extremity radiculopathy, left upper extremity radiculopathy, and right lower extremity radiculopathy as the evidence did not support a causal relationship between these conditions and service.,The Board found that there was no credible evidence of an in-service injury or incident related to the claimed disabilities.

The Board has remanded the cases due to a lack of current evidence regarding the Veteran's service-connected degenerative joint disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. A new VA examination is required for each condition.

The appeal is dismissed for the issue of an effective date prior to March 11, 2014 for the grant of service connection for radiculopathy of the right lower extremity (sciatic nerve). The appeals for higher ratings for lumbosacral degenerative disc disease and radiculopathy of the right lower extremity are remanded.

The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to February 5, 2020 is being remanded due to the need for extraschedular consideration.

The Veteran's claims for increased ratings and an earlier effective date for service connection were denied. Service connection for an acquired psychiatric disorder was granted on a secondary basis.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as there is no evidence that he is incapable of performing the physical and mental acts required by employment.

The Veteran's appeals for increased ratings and earlier effective dates were denied. The appeal for TDIU was granted.

The Veteran's lumbosacral strain was rated at 10% prior to September 4, 2015. From September 4, 2015, to June 1, 2016, a 20% rating was granted. Since June 1, 2016, the Veteran's lumbosacral strain has been rated at 40%. The radiculopathy of both lower extremities has not met criteria for higher ratings.

The Veteran's right lower extremity lumbar radiculopathy is currently rated at 10 percent, and the Board denied a higher rating.,The Veteran's left lower extremity lumbar radiculopathy is currently rated at 10 percent, and the Board denied a higher rating.,The Veteran's GERD is currently rated as noncompensably disabling (10 percent), and the Board denied an increased rating.

The Board has granted service connection for lumbar degenerative disc disease as a progression of the Veteran's pre-existing back strain, and for right lower extremity radiculopathy secondary to his back condition. The decision is based on clear and unmistakable evidence that the Veteran had a pre-existing back condition prior to service and that it was not aggravated by service.

The Board dismissed the appeal for an initial rating in excess of 20 percent for radiculopathy, right upper extremity (upper radicular group C5-6) associated with degenerative arthritis of the cervical spine and cervical spondylosis with herniated disc at C2-3. The issue of service connection for a migraine headache disorder was remanded.

The Board dismissed all claims of service connection and rating appeals due to the appellant's withdrawal of the appeal.

The Veteran's service-connected disabilities did not render her unable to obtain or maintain gainful employment until December 22, 2011. The Board denied entitlement to TDIU for the periods specified.