Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since August 9, 2017.

The Veteran withdrew his appeals for increased compensation for left and right lower extremity radiculopathy, resulting in the dismissal of these appeals.

The Veteran's RLE radiculopathy has been granted a 20 percent rating since May 23, 2017.,The Veteran's LLE radiculopathy has been granted a 20 percent rating since May 23, 2018.,The Veteran's hypertension has been granted a 10 percent rating since May 23, 2017.

The Veteran's claim for an earlier effective date for a TDIU rating due to his service-connected back and right lower extremity radiculopathy disabilities is being remanded. The Board finds sufficient evidence to substantiate that the Veteran was unemployable by reason of these disabilities prior to January 13, 2015.

The Board has decided to remand the case due to non-compliance with previous directives and a need for an additional medical opinion regarding the relationship between the Veteran's service-connected thoracolumbar spine strain with scoliosis and his right upper extremity radiculopathy.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) from July 21, 2015 to November 20, 2019 due to his service-connected cervical and lumbar spine disabilities.

The Board has determined that there is no evidence of a current left ankle disability or bilateral lower extremity radiculopathy at any time during the pendency of the claim.,There is also no evidence to support the Veteran's claims for service connection for a low back disability and a left knee disability.

Service connection for OSA is granted as secondary to PTSD and service-connected orthopedic disabilities with obesity.,From July 19, 2016, to February 4, 2018, a 40% evaluation for right lower extremity radiculopathy is granted. From February 5, 2018, forward, the same evaluation remains in effect.

The Veteran's acquired psychiatric disorder, to include anxiety and depression, is granted as service connected. Service connection for lower urinary tract syndrome secondary to prostatitis, urethral blockage secondary to prostatitis, chronic bilateral ankle strain, and sciatic nerve, right lower extremity secondary to lumbar spine are all withdrawn.

The Veteran's radiculopathy of the right lower extremity, including damage to the femoral nerve, is rated at 40 percent effective March 4, 2017.

The Veteran's lumbosacral strain is granted a 40 percent rating, effective from the date of claim. Service connection for other specific trauma-related disorder and bilateral lower extremity radiculopathy are also granted.

The Veteran's claims for increased ratings and service connection are being remanded due to inadequate medical examinations. The VA is required to provide a new examination to assess the severity of his lumbar spine disability and associated radiculopathy, including whether it constitutes ankylosis.

The Veteran's service-connected disabilities have met the percentage requirements for a TDIU since June 19, 2017 and prevent him from performing gainful employment.

The Veteran's appeal is remanded for further development regarding increased ratings for left and right knee conditions, as well as TDIU.

The Veteran's low back disability, bilateral lower extremity radiculopathy, and TMJ disorder are granted with specific ratings. The issue of a separate compensable rating for urinary incontinence associated with the service-connected back disability is remanded.

The Board has granted service connection for right foot hallux valgus and a post-surgical scar on the right hallux, both related to the Veteran's service-connected right ankle sprain. Service connection for left lower extremity radiculopathy is denied.

The Veteran's appeals for initial ratings in excess of 10 percent for left and right lower extremity peripheral neuropathy of the sciatic nerve, entitlement to service connection for right Charcot's foot, and entitlement to a TDIU prior to December 3, 2020 have been dismissed.,The Veteran was granted an initial rating of 40 percent for left and right lower extremity peripheral neuropathy of the sciatic nerve, effective August 23, 2012. He also received a separate 10 percent rating for Charcot's arthropathy of the right foot, effective August 23, 2012.

The Veteran's left lower extremity sciatic nerve radiculopathy is granted an 80% disability rating, effective May 19, 2010. The earlier effective date for the increased rating and SMC/TDIU awards are granted.

The appeals for hearing loss, tinnitus, and a back disability are dismissed as the Veteran's claims were improperly docketed under the AMA.,The appeals for neck, left shoulder, right shoulder, left knee, and right knee disabilities are also dismissed due to improper docketing under the AMA.

The Veteran's claims for increased ratings for radiculopathy of the upper extremities are being remanded due to a duty-to-assist error and need for additional medical opinions.