Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for service connection due to insufficient verification of his periods of active duty, ACDUTRA, and INACDUTRA. The AOJ is instructed to identify these periods and obtain all outstanding service treatment records.

The Veteran's low back disability and sciatic radiculopathy of the right leg were granted initial ratings of 20 percent, with a subsequent increase to 40 percent for the right leg from August 16, 2022. The left leg radiculopathy was also granted an increased rating to 40 percent from that date.,The Veteran's low back disability and sciatic radiculopathy of both legs were rated based on their respective conditions without any presumption or secondary service connection.

The Board denied the Veteran's claims for service connection for lumbar spinal stenosis, left lower extremity sciatica, and right lower extremity sciatica as these conditions are not related to his service-connected L2 compression fracture.

The Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities have been granted service connection as direct service connection, with no presumption or secondary service connection issues addressed.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent since June 1, 2020.,PTSD with alcohol abuse and TBI was granted an initial rating of 70 percent effective December 1, 2014.

The Board has granted service connection for bilateral sciatic pain, low back disability, bilateral knee disorder, bilateral ankle disorder, gastroesophageal reflux disease (GERD), and obstructive sleep apnea (OSA) based on the evidence showing these conditions are related to the Veteran's active duty service.

The Veteran's back disability, right sciatic neuropathy, and left sciatic neuropathy have been rated appropriately. The reduction of the rating for the service-connected back disability from 40% to 20% is granted. Initial ratings for right and left sciatic neuropathies are also granted.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities, finding that they do not rise to the level needed for such benefits.

The Board has accepted the Veteran's appeal as to the timeliness of his substantive appeal for TDIU and has determined that he is unemployable due to service-connected disabilities. The rating assigned is 90 percent, effective from the date of the February 2016 NOD.

The Veteran's claims for increased ratings and service connection were generally granted, with some issues remanded. The Veteran was awarded a TDIU based on his cervical spine disability.

The Board dismissed all issues of entitlement to increased ratings for various conditions, as the appellant died during the appeal process.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment from February 1, 2018 to July 27, 2021. The Board granted a TDIU during this period.

The Veteran withdrew his appeals for the issues of entitlement to a disability rating in excess of 20 percent for cervical spine degenerative joint disease prior to September 26, 2013; entitlement to an initial disability rating in excess of 20 percent for right upper extremity radiculopathy; entitlement to an initial disability rating in excess of 20 percent for left upper extremity radiculopathy; and entitlement to a TDIU prior to September 26, 2013.

The Board has remanded the Veteran's claims for further development due to inadequate examination reports. The claims include right shoulder Bankart repair, lumbar spine spondylosis, sciatic nerve impairment radiculopathy of the left lower extremity, femoral nerve impairment radiculopathy of the left lower extremity, and residual scar of dorsal column stimulator.

The Veteran's claims for increased ratings for his left lower extremity diabetic peripheral neuropathy of the sciatic and femoral nerves are remanded due to a need for updated medical records, an appropriate examination utilizing the correct DBQ form, and further opinion regarding the involvement of other affected nerves.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, but a higher rating is not warranted.,The Veteran's degenerative joint and disc disease of the cervical spine is currently rated at 10 percent, and no higher rating is warranted.,The Veteran's degenerative joint disease of the lumbar spine is currently rated at 10 percent, and no higher rating is warranted.

The Veteran's initial disability rating of 20 percent for left lower extremity radiculopathy is granted prior to August 10, 2022. The appeal regarding the lumbosacral strain (low back disability), left knee strain, right knee strain, left knee instability, and right knee instability issues remains pending.

The Board has denied the Veteran's claims for higher initial ratings for her service-connected disabilities, finding that they do not meet the criteria for a compensable evaluation. The case is remanded to obtain updated examinations and assessments of her current disability levels.

The Veteran's claims of increased ratings for low back disability and bilateral femoral nerve radiculopathy are being remanded due to improper filing of the Notice of Disagreement (NOD).

The Board has remanded the Veteran's claims for nerve damage and acquired psychiatric disorder due to incomplete examinations and conflicting opinions. The Veteran is seeking service connection for these conditions, with nerve damage potentially secondary to a lumbar strain.