Radiculopathy & sciatica decisions — 2023

The Board has denied the Veteran's claim for service connection for sciatica, left lower extremity as there is no current diagnosis of this condition during the appeal period.

The Board has granted a total disability rating based on individual unemployability (TDIU) from September 30, 2016 to October 28, 2020 due to service-connected disabilities preventing the Veteran from securing and following substantially gainful occupation.

The Veteran's right ankle disability is rated as 10 percent disabling. The Board has remanded the issues of service connection for back disability, left hip degenerative arthritis, and right hip degenerative arthritis due to lack of adequate VA examination. The TDIU claim from December 1, 2017, is also remanded.

The Board has remanded the issues of entitlement to increased ratings for right lower extremity radiculopathy with sciatic nerve involvement and lumbar spine degenerative disc disease with IVDS and spinal stenosis prior to August 23, 2022. These matters must be addressed by the AOJ in a supplemental statement of the case.

The Board denied service connection for various conditions including psychiatric disorders, hip disabilities, shoulder and knee disabilities, ankle disabilities, foot disabilities, cervical spine disability, lumbar spine disability, radiculopathy of upper and lower extremities, and sleep apnea due to lack of current diagnoses or evidence linking these conditions to the appellant's military service.

The Board has determined that the Veteran's neurological disabilities of the bilateral lower extremities are not service-connected, as there is no evidence of a disease or injury during service and the current conditions do not meet the criteria for direct service connection. The appeal is denied.

The Veteran's left lower extremity sciatica is granted as service-connected, while his right leg pain and left leg pain are denied.

The Board has determined that updated examinations are needed to assess the current severity of the Veteran's PTSD and right lower extremity radiculopathy, as the evidence suggests these conditions may be more severe than previously evaluated. The claims for increased ratings will be remanded.

The Board has remanded the case due to unclear findings regarding the current severity of the service-connected low back strain and its associated conditions, as well as questions about secondary service connection for IVDS and left sciatic radiculopathy. The Veteran's symptoms and limitations need further clarification.

The Veteran's diabetes mellitus has not required one or more daily injections of insulin, restricted diet, and regulation of activities to warrant a higher initial rating.,The Veteran's bilateral tinea pedis is currently rated as 0 percent due to the absence of systemic therapy. Further examination is needed to determine if his current treatment qualifies as such.,The Veteran's chloracne has not been found to cause deep acne other than on the face and neck, warranting a compensable rating.,For the left lower extremity, sciatic nerve, the Veteran's peripheral neuropathy was rated at 10 percent prior to August 4, 2022; and in excess of 20 percent since that date. Further examination is needed to determine if this rating should be changed.,For the right lower extremity, sciatic nerve, the Veteran's peripheral neuropathy was also rated at 10 percent prior to August 4, 2022; and in excess of 20 percent since that date. Further examination is needed to determine if this rating should be changed.,The Veteran's left lower extremity, femoral nerve, peripheral neuropathy has been rated at 10 percent. Further examination is needed to determine if a higher rating is warranted.,For the right lower extremity, femoral nerve, the Veteran's peripheral neuropathy was also rated at 10 percent. Further examination is needed to determine if a higher rating is warranted.

The Board has determined that the Veteran's bilateral leg radiculopathy and knee strain are less likely than not related to his active service, including heavy training activities like parachuting. The claim for service connection is denied.

The Veteran's right C5-6 radiculopathy, claimed as a 'right arm' disorder, is granted service connection and is proximately due to his service-connected degenerative arthritis of the cervical spine. The other issues on appeal are remanded.

The Board has remanded the Veteran's claims for right sciatic radiculopathy, left sciatic radiculopathy, and lumbosacral strain due to new evidence received since the last prior adjudication.

The Board has remanded the Veteran's claims for hypertension and neck condition secondary to hearing loss and vestibular disorder due to insufficient evidence in the record regarding the relationship between these conditions and service.

The Board has decided that the Veteran's claims for service connection for neck disability, thoracolumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy should be remanded due to a lack of in-person examinations. The VA is instructed to attempt to obtain these examinations from the correctional facility where the Veteran is incarcerated.

The Board has decided to remand the Veteran's claims for increased ratings for arthritis of the thoracolumbar spine, arthritis of the left hip, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to incomplete records. The VA is required to obtain any outstanding pertinent VA treatment records and private treatment records related to the Veteran's conditions.

The Veteran's service connection for cervical spine disability, bilateral upper extremity radiculopathy, and migraine headaches has been granted. The separate rating for hypertension was properly discontinued due to CUE in the January 2013 rating decision. An earlier effective date of April 13, 2016, is granted for service connection for renal failure with hypertension.

The Board has found the previous VA examination inadequate and requires a new one for assessing the severity of the Veteran's radiculopathy. The claims are being remanded to comply with this requirement.

The Veteran's claim for a TDIU due to his service-connected thoracolumbar spine disability and associated right lower extremity radiculopathy is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board denied an earlier effective date for Total Disability Rating Based on Individual Unemployability (TDIU) prior to July 25, 2014, finding that the Veteran was not unable to secure or maintain substantially gainful employment due to her service-connected disabilities until then.