Radiculopathy & sciatica decisions — 2023

The Board has denied the Veteran's claims for initial evaluations in excess of 20 percent for radiculopathy, left and right lower extremities, as well as lumbar DDD. The issues have been remanded for further development.

The Veteran's TDIU claim is being remanded due to the need for an updated opinion on the combined functional impact of his service-connected disabilities prior to October 2, 2019. Additionally, updated SSA records are needed.

The Board has granted the Veteran's claims for service connection for degenerative arthritis of the lumbar spine and bilateral lower extremity radiculopathy, both secondary to his now service-connected back disability. The decision is based on a finding that there is at least an equipoise of evidence regarding whether these conditions are related to service.

The Board has remanded the Veteran's claims for an increased rating and a TDIU, as well as whether the reduction in compensation from 40 percent to 20 percent right upper extremity radiculopathy was proper. The effective date of service connection remains March 16, 2012.

The Veteran's retracted tympanic membranes are related to service, and his radiculopathy is presumed due to diving activities in service. Service connection for these conditions is granted.

The Board has granted service connection for lumbar spine degenerative disc disease, facet disease, and radiculopathy. The case is remanded for further examination of the left shoulder disability.

The Board denied the Veteran's claim for a TDIU prior to July 14, 2012, finding that he did not meet the schedular criteria and there was insufficient evidence to substantiate a reasonable possibility of unemployability due to service-connected disabilities.

The Veteran's appeals for increased disability ratings have been dismissed as the appellant requested withdrawal of all claims.

The Board granted an effective date of August 16, 2019 for the award of service connection for peripheral neuropathy of bilateral lower extremities, sciatic nerve with initial 20% evaluation and thus for a total combined schedular rating.

The Veteran's claim for increased disability ratings for right lower extremity radiculopathy was denied. Prior to February 22, 2022, the rating remained at 10 percent. From February 22, 2022 onwards, a higher rating of 20 percent was granted.

The Veteran's TDIU claim is granted, with the effective date being January 14, 2021.,The Veteran's initial compensable rating for bilateral hearing loss prior to January 12, 2021, and a rating in excess of 40 percent from that date onwards are both remanded.

The Board has granted service connection for a cervical spine condition, but the matter of residuals of a right-side injury is remanded due to insufficient evidence.

The Board has remanded the cases for additional VA opinions to determine the nature and etiology of the Veteran's lower back disability, right lower extremity peripheral neuropathy, and right shoulder disability. The issues are being returned due to inconsistencies in previous opinions and the need for clarification on service connection.

The Board has denied service connection for a right knee disorder and granted service connection for a low back disorder. The right knee disorder is not related to service, while the low back disorder had its onset in service.

The Veteran's claim for an initial disability rating in excess of 40 percent for degenerative disc disease of the thoracic and lumbar spine has been denied. The effective dates for separate ratings of 20 percent for partial transverse myelitis and radiculopathy of the right and left lower extremities have also been granted.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records. The issues include seeking higher ratings for his lumbar spine and left lower extremity conditions, as well as a TDIU claim.

The Veteran's anxiety disorder is rated at 50 percent, costochondritis with thoracolumbar lumbar strain at 40 percent, cervical spine degenerative disc disease at 30 percent, left upper extremity radiculopathy at 20 percent, and migraines at 10 percent. All other claims are denied.

The Veteran's low back disability is rated at 40 percent effective April 14, 2022. Bilateral lower extremity radiculopathy is also rated at 20 percent effective April 14, 2022.

The Board has determined that additional examinations and opinions are needed to determine the current severity of the Veteran's lumbar spine disability, ulcerative colitis, and neurological conditions. The claims for increased ratings and service connection will be remanded.

The Veteran's appeals for increased ratings for left foot injury with first and second phalange fractures, as well as left lower extremity radiculopathy prior to December 18, 2018, in excess of 20 percent from December 18, 2018 to December 15, 2019, in excess of 40 percent from December 16, 2019 to August 30, 2021, and in excess of 20 percent from September 1, 2021 were denied.