Radiculopathy & sciatica decisions — 2023

The Veteran's appeal is remanded due to the failure to properly notify him of scheduled VA examinations. The Board will determine whether he was notified at his correct address and if there were any issues with the delivery.

The Veteran's claims for higher ratings and a TDIU have been remanded due to procedural issues. The initial rating for unspecified depressive disorder prior to May 21, 2019 was denied, while the claim for major depressive disorder from that date has been granted at 70%. The lumbosacral strain claim was also denied prior to May 21, 2019 and the degenerative arthritis of the lumbar spine and IVDS claim was granted at 20% effective May 21, 2019. The radiculopathy of the right lower extremity claims were both granted with a 20% rating from October 23, 2020. The TDIU claim prior to July 11, 2014 was denied.

The Veteran's IVDS with degenerative arthritis and scoliosis, as well as his right and left lower extremity radiculopathies of the sciatic and femoral nerves, are rated at 40 percent since May 16, 2017. The appeal for a higher rating is denied.

The Board has dismissed the appeals for ratings more than 10 percent for degenerative arthritis of the spine with low back strain, radiculopathy of femoral nerve in the right lower extremity, and radiculopathy of femoral nerve in the left lower extremity.

The Veteran's bilateral sciatic and femoral nerve radiculopathies were denied as the evidence did not support ratings in excess of 10 percent prior to August 11, 2021, and in excess of 20 percent thereafter.,During the appeal period, the Veteran was found to have mild incomplete paralysis for his bilateral sciatic nerve radiculopathies and no more than mild incomplete paralysis for his bilateral femoral nerve radiculopathies.

The DIC claim is denied as the Veteran did not meet the statutory duration requirement for a 100% rating at the time of his death. The cause of death remanded due to insufficient evidence regarding the relationship between the Veteran's service-connected conditions and his death.

The Veteran's appeal for service connection for depression, secondary to a back disability (spondylolysis), has been dismissed. Service connection is granted for the Veteran's back disability, radiculopathy of the left and right lower extremities, and neck disability.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that his service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment prior to June 22, 2012.

The Veteran's service connection claims for asbestosis, low back disability, radiculopathy of the left lower extremity, bladder cancer, kidney cancer, prostate cancer, and lung nodules are all denied. The Veteran's service connection claim for a low back disability is granted.

The Board has remanded the cases for further development, including obtaining records from the Veteran's participation in the VA Choice program at Craft Chiropractic Center.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in previous VA examinations and failure to consider lay statements of record. The claims will be further developed to address the nature and etiology of any left calf, left knee, lumbosacral spine, and left lower extremity radiculopathy conditions.

The Veteran's appeal for an increased evaluation in excess of 30 percent for his Guillain-Barre Syndrome, ascending polyneuroradiculopathy with Bell's Palsy right side of the face, general malaise, fatigue, and generalized muscle aches and weakness was dismissed as he withdrew his appeal from the Legacy review system.

The Veteran's claim for total disability due to individual unemployability on an extraschedular basis is remanded as the Board finds that he does not meet the schedular requirements for TDIU under 38 C.F.R. § 4.16(a). The case is referred to VA's Director of Compensation Service for consideration of an extraschedular TDIU award.

The Board has decided to remand the claims for service connection for low back disability and right lower extremity radiculopathy due to insufficient discussion of continuity of symptoms in previous VA opinions.

The Veteran's lumbar spine disability, sciatic nerve radiculopathy of the right and left lower extremities are being remanded for further evaluation due to unclear functional loss and incomplete examination report.

The Board has granted service connection for a low back disorder, bilateral lower extremity radiculopathy, and neck disorder. The claim of service connection for bilateral upper extremity radiculopathy is also granted as secondary to the neck disorder.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The issue of an increased rating for degenerative arthritis of the lumbar spine was denied.,The Veteran's sciatic radiculopathy of the left lower extremity and right lower extremity are each rated at 40 percent, but no higher.

The Board denied service connection for various conditions, including residuals of traumatic brain injury, left shoulder osteoarthritis, bilateral ankle condition, nephrolithiasis (due to herbicide exposure), bilateral knee osteoarthritis, lumbar spine degenerative joint disease, BLE sciatica, hypertension, and diverticulosis. The Veteran did not have these conditions at the time of service or within one year after discharge.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining retrospective opinions from VA examiners for the periods prior to January 2016 and February 10, 2021.