Radiculopathy & sciatica decisions — 2023

The Veteran's claims for right and left upper extremity radiculopathy have been dismissed as the Veteran withdrew his hearing request in August 2021.,The Veteran's claim for a rating in excess of 70 percent for PTSD to include a separate compensable rating for a traumatic brain injury is remanded due to the need for an SSOC.

The Board has granted an initial 40 percent rating for the Veteran's low back disability and effective dates for the radiculopathy ratings. The case is remanded for further development to address issues related to the severity of the disabilities, their effects on daily life, and any additional service-connected conditions.

The Veteran's claim for an initial rating higher than 20 percent for degenerative arthritis of the lumbar spine was denied. Separate ratings of 10 percent were granted for right and left lower extremity radiculopathy effective from February 23, 2021.

The Veteran's cervical spine degenerative arthritis and left upper extremity radiculopathy are granted as service connected.,From May 23, 2016 to August 21, 2018, the Veteran is granted a TDIU due to his service-connected disabilities.

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

The Veteran's cervical strain and upper extremity radiculopathy have been rated based on their severity, with some issues remanded for further review.,TDIU is also being remanded.

The Veteran's initial ratings for left and right lower extremity radiculopathy were denied, as they did not meet the criteria for a higher rating. A TDIU was also denied prior to August 23, 2010.

The Board has remanded the Veteran's claims for lumbar radiculopathy of the right and left lower extremities due to a lack of analysis regarding subjective terms of degree, as well as conflicting evidence on whether his symptoms are due to service-connected conditions or other causes.

The Veteran's left knee limitation of extension is currently rated as noncompensable, with no evidence showing it limited to 10 degrees or less.,There is insufficient evidence to establish a service connection for a cervical spine disorder. The Board finds that the Veteran did not have a cervical spine disability during his active service and there is no competent evidence of record showing its onset within one year post-service.

The Board has remanded the Veteran's claims for an increased rating for degenerative disc disease of the lumbar spine and a separate rating for left lower extremity radiculopathy due to new evidence indicating worsening symptoms since the last examination.

The Board denied service connection for PTSD, a lumbosacral spine disability, a right ankle disability, and bilateral knee disabilities due to the lack of evidence supporting an in-service stressor or injury related to these conditions.,Service connection was also denied for radiculopathy of the bilateral lower extremities.

The Veteran's right and left cervical radiculopathy ratings were restored to 40% and 20%, respectively, effective September 1, 2015. The Board found the reduction not proper due to lack of evidence of improvement in function under ordinary conditions.

The Veteran's radiculopathy of the right lower extremity was rated at 10 percent prior to June 20, 2022, and at 20 percent thereafter. The Board found that a higher rating is not warranted.,The Veteran's residual scar associated with intervertebral disc syndrome did not meet the criteria for a compensable disability rating.

The Veteran's service connection claims for lumbar spine disability, bilateral hip osteoarthritis, and bilateral lower extremity radiculopathy have been granted. The claim for erectile dysfunction (E.D.) is remanded for further evaluation.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded several claims for additional review due to the receipt of new VA clinical documentation. The Veteran was not provided an opportunity to waive initial review, and thus the case must be returned to the Agency of Original Jurisdiction (AOJ) for readjudication.

The Veteran's service connection claim for a stomach disability is denied. The Veteran's lumbar strain and right lower extremity radiculopathy are each rated at 10 percent, with no higher ratings granted. A 10 percent rating is granted for left lower extremity radiculopathy from November 10, 2020.

The Veteran's lumbosacral spine disability is granted a 40% rating, effective April 30, 2012. Other service-connected disabilities are denied or remanded.

The Board has decided to remand the case due to conflicting evidence about which of the Veteran's LUE peripheral nerves are affected. The claim will be further developed and a new addendum opinion from a VA examiner is needed.

The Board has denied reopening of the claims for service connection for left hip arthritis, left knee arthritis, and degenerative joint disease of the cervical spine with bilateral upper extremity radiculopathy due to lack of evidence relating these conditions to military service.