Radiculopathy & sciatica decisions — 2023

The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for a new VA examination.

The Board has remanded the claims due to a duty to assist error regarding the Veteran's worker's compensation records. These records are needed to determine if his current disabilities are related to service.

The Veteran withdrew his appeal regarding the reduction to a 40 percent rating for service-connected left lower extremity radiculopathy, effective July 15, 2022.

The Veteran's tension headaches are remanded due to a pre-decisional duty to assist error.,The Veteran's left leg sciatica and radiating pain are remanded due to a pre-decisional duty to assist error.

The Veteran's lumbosacral strain is rated at 40 percent, and separate ratings of 20 percent are assigned for left and right lower extremity radiculopathy throughout the appeal period.

The Veteran's lumbar spine disability is rated at 40 percent, right and left lower extremity radiculopathies are each rated at 20 percent. The Veteran does not meet the criteria for a higher rating under the General Rating Formula or IVDS Formula.

The Veteran withdrew his appeals for the ratings and service connection claims related to thoracolumbar spondylosis, hypertension, and radiculopathy left lower extremity sciatic nerve.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of an in-service injury or disease and that any current lumbar spine disorders are not related to service.

The Veteran's claims for a temporary total evaluation and increased ratings for his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, left ankle disorder, and diabetes mellitus are being remanded due to the need for additional development.,The Veteran's claims for increased ratings for his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, left ankle disorder, and diabetes mellitus are being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy of the sciatic nerve is being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected right lower extremity radiculopathy of the sciatic nerve is being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy of the femoral nerve is being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected right lower extremity radiculopathy of the femoral nerve is being remanded due to the need for additional development.,The Veteran's claim for service connection for a left ankle disorder, to include as secondary to a service-connected disability, is being remanded due to the need for additional development.

The Veteran's claim for an earlier effective date prior to September 19, 2017 for a 50 percent rating for service-connected PTSD is denied. The Veteran was previously granted service connection and a 10 percent initial rating for PTSD on May 1, 2009, but did not file a VA Form 9 within the required timeframe to perfect his appeal.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantial gainful employment, leading the Board to grant his claim for total disability rating based on individual unemployability.

The Veteran's claim for service connection for degenerative arthritis of the spine has been readjudicated due to submission of new and relevant evidence. The Board finds that his current back disability is related to his in-service injuries, including a motor vehicle accident in September 1961.

The Veteran's left and right upper extremity radiculopathies have been granted increased ratings of 20 percent and 30 percent, respectively.,Service connection for tinnitus has also been granted.

The Veteran's service-connected degenerative joint disease with IVDS of the lumbar spine, left lower extremity radiculopathy of the sciatic nerve, and GERD have all been granted increased ratings. The Veteran also received service connection for cervical sprain/strain and erectile dysfunction as secondary to his service-connected conditions.

The Veteran's lumbosacral DJD and associated radiculopathy of the right and left lower extremities are granted with a rating of 40 percent effective June 10, 2011.

The Veteran's service-connected radiculopathy (sciatica) in both legs is granted with effective dates of July 6, 2016. A TDIU is granted as of June 1, 2021.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of his appeal by his authorized representative.

The Board has reopened the previously denied claims of service connection for a low back disability and right lower extremity radiculopathy, finding that new evidence supports these claims. Service connection is granted for degenerative arthritis and DDD of the lumbar spine, with right lower extremity radiculopathy as secondary to this condition.

The Board has remanded the Veteran's claim for an initial rating in excess of 10 percent prior to January 4, 2019, in excess of 20 percent from January 4, 2019 to April 5, 2023, and in excess of 60 percent from April 5, 2023 onward for right lower extremity radiculopathy due to the need for clarification regarding the severity of the Veteran's condition since May 1982.

The Veteran's claims for increased ratings for degenerative joint disease of the thoracic spine, left ankle disability, and bilateral lower extremity radiculopathy have been dismissed.,The Veteran's claim for service connection for left heel disability has been denied.,The Veteran's claim for service connection for left knee disability has been denied.