Radiculopathy & sciatica decisions — 2023

The Board has granted the Veteran's claim of service connection for bilateral upper extremity radiculopathy. The appeal regarding an initial compensable rating for service-connected left hammer toe is remanded.

The Board has remanded the claims for higher ratings for residual back injury and radiculopathy of the right lower extremity associated with residual back injury due to inadequate examination findings regarding lumbar spine motion and flare-ups.

The Board denied service connection for cervical spine disability, radiculopathy of the upper and lower extremities, left knee disability, and esophageal disability (Barrett's esophagus).,Service connection was granted for cluster headaches.,TDIU claim was dismissed due to lack of response from the Veteran.

The Veteran's initial 40 percent rating for left upper extremity radiculopathy is granted. The Board finds the VA examinations inadequate and remands for further examination to determine appropriate ratings for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. Additionally, the Veteran's claims for service connection are remanded due to lack of a proper medical examination.

The Veteran's service-connected depressive disorder is rated at 50 percent prior to May 20, 2020 and at 70 percent thereafter. The Board finds the evidence does not support a higher rating for this condition.,For the period from May 20, 2020 onward, the Veteran's service-connected depressive disorder is rated at 70 percent. The Board finds the evidence does not support a higher rating for this condition.

The Board denied service connection for radiculopathy of the left and right lower extremities due to a lack of current diagnoses.,The Veteran's low back disability claim was also denied as there was no justification for his failure to attend a scheduled VA examination.

The Veteran's service-connected lumbar spine disability is found to be etiologically related to his left leg radiculopathy, and the claim for this connection is granted. The rating for his lumbar spine disability remains remanded due to lack of recent examination.

The Board has remanded the case for additional development due to inadequate VA examinations and incomplete opinions regarding service connection for various disabilities, including a low back disability, right upper extremity neuropathy, left ankle disability, and right ankle disability.

The Board has determined that the appellant is unable to secure and follow a substantially gainful occupation due to service-connected disabilities, specifically PTSD, IVDS, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The criteria for TDIU are met.

The Board has determined that the Veteran's cervical spine disability and bilateral upper extremity radiculopathy are not related to service, and therefore, denied both claims.

The Board has remanded the Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and associated radiculopathies due to new evidence received after the last Supplemental Statement of the Case.

The Veteran's PTSD is rated at 70 percent prior to July 16, 2019, and at 70 percent thereafter. The Veteran's bilateral upper extremity peripheral neuropathy (median nerve) is rated at 30 percent for the right upper extremity and 20 percent for the left upper extremity. The Veteran's bilateral lower extremity sciatic nerve peripheral neuropathy is rated at 20 percent prior to July 15, 2019, and at 20 percent thereafter.,The Veteran's PTSD symptoms have more closely approximated a 70 percent rating throughout the appeal period due to occupational and social impairment with reduced reliability and productivity. The Veteran's bilateral upper extremity peripheral neuropathy (median nerve) is rated based on moderate incomplete paralysis of the median nerve bilaterally. The Veteran's bilateral lower extremity sciatic nerve peripheral neuropathy is rated based on moderate incomplete paralysis of the sciatic nerve bilaterally.

The Board has granted service connection for lumbar spine disability and radiculopathy of bilateral lower extremities, finding that the Veteran's current conditions are related to his active service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations, as well as for obtaining outstanding VA and private treatment records.

The Board has determined that the current examinations are inadequate and remands the cases for further examination to determine if the Veteran's conditions are related to service.

The Board has granted service connection for cervical strain, right upper extremity radiculopathy secondary to cervical strain, and left lower extremity radiculopathy (claimed as a left thigh disability) secondary to lumbosacral strain. The Veteran's current disabilities are rated at 10% each.

The Veteran's chronic lumbosacral strain was granted a 40 percent disability rating, effective February 16, 2015.,Prior to October 19, 2021, the Veteran's right lower extremity radiculopathy was granted a 20 percent disability rating. From October 19, 2021, his bilateral lower extremity radiculopathies were denied increased ratings.

The Board has remanded the Veteran's claims for increased ratings for thoracolumbar strain with intervertebral disc syndrome, sciatic radiculopathy of the left and right lower extremities due to inadequate medical opinions in previous examinations.

The Board denied the Veteran's claim for service connection for radiculopathy of the bilateral lower extremities, finding that there is no current disability and no evidence supporting a diagnosis or functional impairment.

The Board denied the Veteran's claims for increased ratings for peripheral neuropathy of the right and left lower extremities, finding that the evidence did not support ratings in excess of 40 percent.