Radiculopathy & sciatica decisions — 2023

The Veteran's appeal is remanded for further development, including obtaining medical opinions and records to determine the severity of his low back disability and TDIU claim.

The Board denied service connection for right and left lower extremity radiculopathy as there is no persuasive evidence of current disabilities.

The Veteran's claims for service connection for various conditions, including right wrist, ankle, knee, hip, left knee, back, sciatica, and psychiatric disorders are all denied as there is no persuasive evidence linking these conditions to his military service.

The Veteran's lumbar strain disability was previously rated at 10 percent, but from January 21, 2021, a higher rating of 20 percent is granted.

The Veteran's claims for increased ratings and service connection are being remanded due to outstanding VA treatment records and employee health nursing notes.

The Veteran's lumbar strain and associated left lower extremity radiculopathy have been granted initial ratings of 20 percent effective April 2, 2001, for the lumbar strain, and a separate rating has been granted for the radiculopathy. The Board found that the Veteran's disability more closely approximated moderate limitation of motion.

The Veteran's service-connected disabilities have resulted in significant functional impairments that prevent him from securing and following any substantially gainful employment consistent with his education and occupational experience.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to June 24, 2016.

The Veteran's service-connected lumbosacral strain and associated radiculopathies have not prevented him from securing or following a substantially gainful occupation.

The Board granted a 10 percent rating for lumbar radiculopathy of the right sciatic nerve prior to October 5, 2020. Separate ratings were not granted for other nerves due to pyramiding and separate function of nerves.

The Board has remanded the claims for service connection for a neck disability and trapezius strain due to incomplete development of the record, including lack of consideration of recent medical findings and treatment records.

The Board has remanded the Veteran's claims for a disability rating greater than 20 percent prior to June 22, 2017, and greater than 40 percent thereafter, for a back disability; entitlement to a compensable disability rating prior to June 4, 2021, and greater than 10 percent thereafter, for right lower extremity femoral nerve radiculopathy; entitlement to a compensable disability rating prior to June 4, 2021, a rating greater than 10 percent from that date to October 21, 2021, and greater than 20 percent thereafter, for left lower extremity femoral nerve radiculopathy; entitlement to a disability rating greater than 10 percent prior to June 22, 2017, and greater than 20 percent thereafter for right lower extremity sciatic nerve radiculopathy; entitlement to a disability rating greater than 20 percent prior to September 18, 2015, and greater than 40 percent thereafter, for left lower extremity sciatic nerve radiculopathy; and entitlement to a total disability rating based on individual unemployability (TDIU) prior to September 18, 2015. The claims are remanded due to inadequate development of the Veteran's back disability and lower extremity radiculopathy.

The Veteran withdrew his claim for an increased rating for his back disability, and the appeal is dismissed.

The Veteran's claim for a higher rating for intervertebral disc syndrome of the lumbar spine was denied. The claims for 20 percent ratings for radiculopathy right and left lower extremities prior to July 21, 2022 were granted.,The Veteran's claim for TDIU prior to February 15, 2020 remains pending as the Board has remanded it.

The Veteran's claim for a TDIU due to service-connected disabilities on an extra-schedular basis prior to July 7, 2020 is being remanded as the RO did not satisfy its duty to assist and there are outstanding development actions needed. The Board will consider whether the Veteran meets the criteria for a TDIU based on his combined low back and psychiatric disabilities.

The Veteran's PTSD is rated at 70 percent, but not higher. The evidence does not show total occupational impairment.,Bilateral hearing loss is rated at zero percent (noncompensable).,Prior to September 9, 2020, lumbosacral strain with IVDS warrants a rating of 10 percent. From September 9, 2020, the Veteran's condition warrants a rating of 40 percent.,Left lower extremity radiculopathy was rated at 10 percent prior to September 9, 2020 and 20 percent from that date.

The Veteran's radiculopathy of the right and left lower extremities, sciatic nerve is related to his service-connected low back strain with degenerative arthritis. His claims for these conditions have been granted.

The Veteran's claims for increased ratings for his left ear hearing loss, low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied. The VA examiners found that the Veteran did not meet the criteria for higher ratings based on the severity of his symptoms and range of motion.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records from CJW Medical Center and Johnston-Willis Hospital. The claims are also remanded for issuance of an SOC regarding the effective date for a 10% rating for right foot hallux valgus.

The Board has remanded the cases for further development due to inadequate examinations in previous evaluations.