Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for increased ratings for bilateral lower extremity nerve radiculopathy due to new evidence and a need for updated medical records. The TDIU claim is also being remanded.

The Board has granted service connection for degenerative arthritis of the cervical spine and left upper extremity (LUE) cervical radiculopathy on a direct basis, finding that the Veteran's symptoms began during and have continued since service.

The Veteran's appeals for increased ratings for various service-connected conditions have been dismissed.,A claim to reopen a previously denied claim of service connection for an acquired psychiatric disability has been granted, and the Veteran is now entitled to service connection for adjustment disorder, major depressive disorder, anxiety disorder, and alcohol abuse disorder.

Service connection for left ear hearing loss, lumbar spine disorder, and diabetes mellitus is denied.,The Veteran's psychiatric disability (other than PTSD) was granted an initial 70 percent evaluation.

The Veteran's lumbosacral strain with degenerative arthritis, left lower extremity sciatic nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy have been granted initial ratings of 40 percent each, effective April 18, 2018.

The Veteran's service-connected disabilities prevented him from obtaining or retaining substantially gainful employment prior to August 29, 2022.

The Board has remanded the case due to conflicting medical opinions regarding whether the Veteran's neck disability is related to his military service. The VA examiner provided contradictory opinions, and a new examination is needed to determine if the Veteran's current neck disabilities are related to his in-service injury.

The Board has remanded the case for further development, including scheduling a VA examination and providing proper notice regarding the criteria necessary to substantiate a TDIU. The issues of increased ratings for lumbar radiculopathy and entitlement to a TDIU are currently pending.

The Veteran's appeal is remanded for further examination to determine if her service-connected disabilities meet the criteria for specially adapted housing and a special home adaptation grant.

The Board has remanded the claims for increased ratings for a back disability, left lower extremity radiculopathy, and a left knee disorder due to inconsistencies in the rating decisions.

The Veteran's claims for service connection for a sciatic nerve disorder of the left lower extremity, higher ratings for his service-connected left hip disorders, and entitlement to TDIU are being remanded due to pre-decisional errors in developing the claims.

The Board has dismissed all pending appeals due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Veteran's radiculopathy of the right and left sciatic nerves is rated at 40 percent since October 28, 2019.

The Veteran's ratings for right lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, and lumbar spine painful scar were reduced from 10% to noncompensable effective August 1, 2023. The reduction was remanded due to inadequate consideration of whether there was an improvement in the Veteran's condition.

The Veteran's appeals for increased ratings and service connection were dismissed as the VA Form 10182 was not timely filed.

The Board has granted service connection for radiculopathy in both the left and right lower extremities, thus dismissing the appeal as moot.

The Veteran's claims for increased ratings for his service-connected lumbar spine and radiculopathy conditions are being remanded due to the need for a new VA examination. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it is inextricably intertwined with the claims for increased ratings.

The Veteran's radiculopathy of the right lower extremity was rated at 10% from May 2, 2011 to September 21, 2021 and denied a higher rating.,The Veteran's radiculopathy of the right lower extremity was rated at 20% from September 22, 2021 and denied a higher rating.

The Veteran withdrew his appeals for all issues on appeal, including service connection claims and rating determinations.