Radiculopathy & sciatica decisions — 2023

The Veteran's appeals for service connection and increased ratings for various conditions have been dismissed.,A claim for service connection for sleep apnea has been reopened, but the matter is still pending.

The Veteran's tinnitus is service connected, and he has a current diagnosis of hypertension. The gastrointestinal condition (IBS and GERD) and psychiatric disability are not service connected. Right knee, left knee, right shoulder, low back, and left middle finger conditions remain on appeal.,Further evaluations are needed to determine the nature and etiology of the Veteran's gastrointestinal condition, psychiatric disability, and lower extremity radiculopathy.

The Veteran's lumbar spine DJD and lower extremity radiculopathy are rated at the lowest possible levels, with no higher ratings granted. The right knee patellofemoral syndrome is also rated at the lowest level.

Service connection for PTSD is granted, and secondary service connection for alcohol abuse disorder as secondary to PTSD is also granted.,The effective date of February 25, 2011 for left lower extremity radiculopathy is granted. The claims for bilateral knee disorders are reopened.,Increased ratings for right shoulder disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded. Increased rating for low back disability is also remanded.,Service connection for a bilateral foot disability, left shoulder disability, and neck disability is remanded.

The Veteran's claims for service connection of various disabilities are remanded due to lack of substantial compliance with prior Board remands.

The Board has remanded the claims for earlier effective dates for Total Disability Rating Based on Individual Unemployability (TDIU) and Dependent's Educational Assistance (DEA), as well as the TDIU claim, due to procedural errors in the previous decisions.

The Veteran's left lower extremity radiculopathy is granted an initial increased rating of 40 percent effective December 3, 2019. The Veteran's degenerative arthritis of the thoracolumbar spine remains rated at 20 percent prior to this date.

The Board has remanded the claims for service connection due to insufficient evidence and need for further development. The low back disability is being reviewed, along with the secondary radiculopathy claim.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and an increased evaluation for bilateral lower extremity sciatic radulopathy due to inadequate examination reports. The issues are now before the Board.

The Veteran's lumbosacral strain and lower extremity radiculopathy were rated based on their current manifestations, with the right lower extremity radiculopathy receiving a higher rating due to its more severe nature.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) and remanded the issue of entitlement to a rating in excess of 20 percent for his back disability.

The Board has denied the Veteran's claim for service connection for a disability manifested by swollen joints, finding that her current condition is not related to service or a service-connected disability.

The Veteran's service connection for hypothyroidism was denied as there is no evidence linking the condition to his military service.,Service connection for lumbar spine disability and associated sciatic and femoral radiculopathy were not granted higher ratings, with a maximum rating of 40 percent assigned.

The Veteran's claims for increased ratings are being remanded due to the need for additional VA examinations and retrospective opinions regarding flare-ups.

The Veteran's claims for service connection for chronic fatigue syndrome and restless leg syndrome were denied. The Veteran was granted a 10% rating for tinnitus, but his sleep apnea remains at the 50% level. Other conditions remain denied.

The Veteran's service-connected lumbar spine disability is granted a 40% rating, effective September 10, 2012. Service connection for left lower extremity radiculopathy is also granted.

The Board has remanded the claims for service connection due to inadequate opinions from VA medical professionals. The Veteran's low back disability and radiculopathy are currently diagnosed, but there is insufficient evidence linking these conditions to his military service.

The Veteran's service-connected disabilities do not render him unemployable or unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including recurrent lumbar strain, sciatic radiculopathy of the left lower extremity, femoral radiculopathy of the left lower extremity, and left knee strain, have rendered him unable to secure or follow substantially gainful employment for one year prior to January 14, 2016. The Board granted a total disability rating based on individual unemployability (TDIU) for this period.

The Board has granted the Veteran's claims for earlier effective dates of March 29, 2015, but not earlier, for service connection for right and left upper extremity radiculopathy. The rating issues related to these conditions have been remanded.