Radiculopathy & sciatica decisions — 2023

The Board denied increased ratings for the Veteran's low back disability and left lower extremity radiculopathy, but granted separate ratings for right lower extremity radiculopathy. The effective dates were not addressed in this decision.

The Veteran withdrew her appeal, satisfied with the partial grant of her claims and requesting to withdraw all remaining issues.

The Veteran's claim for service connection for sleep apnea has been denied as the evidence does not support a nexus between his current diagnosis and his military service.,The effective date for service connection for left lower extremity radiculopathy is being remanded due to lack of prior claims or documentation supporting entitlement before February 20, 2013.,The effective date for service connection for right lower extremity radiculopathy is being remanded as the evidence does not support a diagnosis until August 25, 2020.

The Veteran's service-connected disabilities, including PTSD and back conditions, make it impossible for him to secure or follow a substantially gainful occupation.

The Board has denied the Veteran's claim for service connection for a right shoulder disability, but has remanded the issues of service connection for hypertension and low back disability. The claims for radiculopathy of the lower extremities are also being remanded.

The Board has dismissed the appeals for increased ratings for lumbosacral strain with degenerative arthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, and bilateral hearing loss disability as they are all covered by the March 2023 rating decision.

The Board has granted service connection for cervical and lumbar spine conditions, finding that the Veteran's symptoms are related to his military service.,Service connection was also denied for a heart condition due to insufficient evidence of exposure to Agent Orange.

The Veteran's service-connected lumbar strain and right lower extremity radiculopathy have been granted effective June 30, 2014. The TDIU has also been granted from that date.

The Board has granted service connection for various conditions, including right wrist carpal tunnel syndrome, right elbow epicondylitis, right sciatica, and acquired psychiatric disabilities. The Veteran's reports of pain during active duty have been considered, along with her STRs, to find that these conditions are at least as likely as not related to her service.

The Veteran has withdrawn his appeals regarding the ratings for lumbosacral strain, right and left lower extremity femoral nerve peripheral neuropathy, and right and left lower extremity sciatic nerve peripheral neuropathy.

The Veteran's sciatic nerve radiculopathy of the right and left lower extremities was granted effective from June 8, 2018.

The Board has restored the Veteran's disability ratings for his thoracolumbar spine and left upper extremity radiculopathy, granted increased ratings for his right lower and left lower extremity radiculopathies, and granted TDIU based on his service-connected degenerative arthritis of the thoracolumbar spine. Basic eligibility to DEA and SMC at the housebound rate have also been established.

The Veteran meets the schedular percentage requirements for Total Disability Rating Based on Individual Unemployability (TDIU) due to his service-connected lumbar spine disability and bilateral radiculopathy. The Board finds that the functional impairment resulting from these disabilities at least as likely as not prevents him from engaging in substantially gainful employment.

The Board has remanded the claims for an initial rating in excess of 70 percent for an acquired psychiatric condition, a cervical spine disability, and bilateral upper extremity radiculopathy. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's service connection claims for diabetes mellitus, COPD, joint pains, right arm ulnar nerve entrapment, and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service.,Service connection was granted for COPD due to exposure to burn pits during service in the Gulf War.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his radiculopathy conditions.

The Veteran's appeal for increased ratings for radiculopathy of the right and left upper extremities is remanded due to discrepancies between VA examination findings.

The Veteran's low back disability was granted service connection for right and left lower extremity radiculopathy effective June 29, 2016.,However, the effective dates for these grants of service connection are denied as they predate the earliest evidence of radiculopathy.

The Board has dismissed the claims of service connection for COPD, allergic rhinitis, and a left shoulder disability as these claims have been fully granted in an October 2023 rating decision.,Service connection is granted for right lower extremity radiculopathy and left lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation prior to May 25, 2017.