Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased evaluations of her low back disability and right leg sciatica are being remanded due to the need for additional VA examinations to assess the severity of her conditions, including any flare-ups.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation during the period of March 31, 2016 to November 13, 2016.

The Board has remanded the claims of service connection for cervical radiculopathy, bilateral hip/leg arthritis condition, headaches, and lung condition. The neck condition claim is also being remanded as it is inextricably intertwined with the cervical radiculopathy claim.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability and bilateral lower extremity radiculopathy, both of which are considered direct service connections. The Veteran's current conditions are deemed to have been incurred in or caused by military service.

The Veteran's claims for increased ratings were denied across multiple issues, including right ankle disability, low back disability, and sciatic and femoral nerve radiculopathies of the left lower extremity. The decision does not specify a particular effective date.

The Veteran's service-connected disabilities, including his right shoulder impingement syndrome and degenerative disc disease of the lumbar spine, have rendered him unable to secure or follow a substantially gainful occupation since May 6, 2011.

The Veteran's service connection for coronary artery disease is granted as secondary to herbicide agent exposure.,PTSD and depressive disorder are rated at 50 percent, with no further issues on appeal regarding this condition.,Bilateral hearing loss has a non-compensable rating.,Prostate cancer remains in remission; the Veteran's current symptoms do not warrant an increased rating.,Peripheral neuropathy of the left lower extremity (femoral nerve) is rated at 10 percent prior to January 4, 2017 and at 20 percent from that date onward.,Peripheral neuropathy of the right lower extremity (femoral nerve) remains at a 20 percent rating.,Peripheral neuropathy of the left lower extremity (sciatic nerve) is rated at 40 percent, with no further issues on appeal regarding this condition.,Peripheral neuropathy of the right lower extremity (sciatic nerve) is rated at 40 percent, with no further issues on appeal regarding this condition.

The Veteran's lumbar strain disability is rated at 20% effective September 1, 2022. The left lower extremity radiculopathy (sciatic) disability remains noncompensable.

The Board has decided to remand the Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and right lower extremity radiculopathy due to outdated VA examinations, new evidence from a hearing before the Board, and missing or insufficient treatment records. Further development is needed to assess the current severity of these conditions.

The Board has denied higher ratings for various conditions, including radiculopathy of the left lower extremity and patellofemoral syndrome of both knees. The right shoulder condition is also being remanded for further examination.

The Board has determined that there is insufficient evidence to determine whether the Veteran's obstructive sleep apnea is proximately due to or aggravated by his service-connected disabilities, including asthma. An addendum medical opinion is needed for these determinations.

The Veteran's initial disability ratings for right and left lower extremity radiculopathy have been granted at 20 percent each, effective from September 9, 2004 to December 15, 2020.

The Veteran's increased rating claims for right upper extremity radiculopathy, neck disability (IVDS and degenerative arthritis), and left upper extremity radiculopathy have been denied. The current ratings of 40%, 20%, and 20% are not sufficient to meet the criteria for a higher rating.

The Board has granted service connection for the aggravation of obstructive sleep apnea by the Veteran's service-connected back and knee conditions. The Veteran is also granted a TDIU based on his inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's service connection claims for left and right hip disorders, as well as left and right ankle disorders, are denied. The Board found that these conditions were less likely than not related to his service-connected lumbar spine disability.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy, as well as his TDIU claim, are being remanded due to the need for updated VA treatment records and a new examination.

The Board has remanded the claims for service connection for a back condition, hemorrhoids, and sciatica due to new evidence received since the last denial. The Veteran's lay testimony will be considered in determining the etiology of his conditions.

The appeals seeking service connection for various conditions, including a back condition and its related radiculopathy and hip issues, have been dismissed due to the Veteran's death.

The Veteran's PTSD with shortness of breath and residuals of TBI is rated at 70 percent, which is the maximum available rating under the General Rating Formula for Mental Disorders.,The Veteran's lumbar spine disability has not been shown to warrant a higher than 10 percent rating.

The Board has remanded the claims for increased ratings and service connection for erectile dysfunction due to a lack of substantial compliance with prior remand directives. The Veteran's erectile dysfunction is being remanded for a new opinion addressing all of his contentions regarding its onset.