Radiculopathy & sciatica decisions — 2023

The Board has granted service connection for depression, right leg length discrepancy, right knee disability (claimed as right knee), back disability (claimed as low back), and bilateral lower extremity radiculopathy all secondary to the Veteran's service-connected left knee disability.

The Veteran's appeal includes claims for increased ratings for lumbosacral strain and GERD, as well as secondary service connection for nerve radiculopathy. The Board has determined that the issues of an increased rating for lumbosacral strain need to be remanded due to a lack of proper notice in the SOC. Additionally, efforts should be made to obtain SSA records and schedule the Veteran for a hearing.

The Board has remanded the claims of erectile dysfunction, rheumatoid arthritis (claimed as joint pain), back disability, and neck disability with radiculopathy for further examination and determination.

The Veteran's right lower extremity sciatic nerve condition is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's AAT deficiency is not service-connected as it is a congenital defect, and the evidence does not show aggravation during service. The sinus condition (sinusitis) is denied as there is no current diagnosis of sinusitis or other sinus conditions at any time during the pendency of the claim. Right upper extremity cervical radiculopathy is also denied.,The Veteran's AAT deficiency and right wrist carpal tunnel syndrome are already service-connected, so he cannot be granted additional service connection for these conditions.

The Veteran's migraine headaches are rated at 50 percent, and he is granted a TDIU from May 1, 2022 due to his service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Veteran's initial claim for a higher rating for left lower extremity radiculopathy was denied, and the effective date of service connection for this condition prior to December 7, 2011 was also denied.,The Veteran's TDIU claim prior to December 7, 2011 was denied.

The Board has determined that the VA examinations provided were inadequate and did not substantially comply with the December 2022 remand directives. The claims are therefore being remanded for new opinions to determine the severity of the Veteran's service-connected radiculopathies involving the sciatic and femoral nerves during the entire period on appeal.

The Veteran's tinnitus claim is denied as the maximum schedular rating has been assigned.,The claim for service connection for sleep apnea was previously denied, but reopened due to new and material evidence. The issue remains on appeal.,The Veteran's degenerative arthritis of the lumbar spine, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, status post left knee injury with mild arthritis, otitis media, and hearing loss are all remanded for further evaluation.,The Veteran's service connection claim for sleep apnea is remanded as new evidence has been received. The issue remains on appeal.,The Veteran's TDIU claim is also remanded due to the inextricably intertwined nature with other issues.

The Board has remanded the claims for increased disability evaluations due to inadequate medical opinions in the January 2021 VA examination and opinion.

The Board denied service connection for cervical spondylosis, radiculopathy of the right leg, neuropathy of the left and right upper extremities, chronic fatigue syndrome, and fibromyalgia. The Veteran's conditions are presumed due to service in Southwest Asia.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they allow him to engage in sedentary work that does not require significant physical exertion or prolonged standing.

The Board has remanded the cases for further examination and opinion regarding service connection due to potential toxic exposure risk activities. The Veteran's right lower extremity radiculopathy and gastroesophageal reflux disease (GERD) are both at issue.

The Veteran's service-connected disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment since June 5, 2013.

The Board has determined that the reductions in evaluations for radiculopathy, left and right lower extremities were improper due to an approximate balance of positive and negative evidence regarding improvement or function under ordinary conditions.

The Board dismissed the appeals for increased ratings of various spinal conditions and radiculopathies as untimely, given that a supplemental claim was filed while another review request was still pending.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the current evidence.

The Board has denied the Veteran's claims for service connection for paralysis of the sciatic nerve in both lower extremities, right and left knee disabilities, and tinnitus.,The claims for acquired psychiatric disabilities (generalized anxiety disorder/PTSD and major depressive disorder) are also remanded.

The Veteran's claims for service connection of various disabilities, including right knee and bilateral hip disabilities, are being remanded due to the need for additional examinations. The claim for left wrist disability is reopened but denied.

The Board has remanded the claims for service connection for a coccyx disability, lumbar spine disability, and radiculopathy of the left lower extremity due to insufficient evidence regarding their etiology.