Radiculopathy & sciatica decisions — 2023

The Veteran's degenerative arthritis of the spine is currently rated at 10 percent for the period prior to June 26, 2019 and at 20 percent beginning on that date. The rating for right lower extremity radiculopathy remains at 10 percent.,For the appeal period beginning on June 26, 2019, the Veteran's degenerative arthritis of the spine is rated at 20 percent, and his right lower extremity radiculopathy continues to be rated at 10 percent.

The Board has granted service connection for headaches and remanded the remaining issues due to lack of evidence.

The Veteran's claim for an effective date of November 6, 2015, for the award of service connection for allergic rhinitis status post septoplasty is granted.,The Veteran's claims for earlier effective dates for lumbar strain with minimal arthritis and PTSD are denied.

The Veteran's right and left lower extremity radiculopathy are rated at the maximum allowable under current criteria, with no further increase in evaluation possible.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance due to his ability to perform daily living tasks independently, with occasional assistance.

Your claims for service connection have been granted. The Board has found new and relevant evidence that supports your claims.

The Veteran's sleep apnea is granted as service-connected.,Service connection for a left sciatic nerve condition is denied due to lack of evidence of current disability and no medical nexus found.,Service connection for headaches is remanded due to insufficient opinion regarding causation or aggravation by medication.,Service connection for allergy conditions is remanded due to insufficient opinion regarding onset in service or relation to service.,Service connection for a left knee condition is remanded due to insufficient opinion regarding proximate cause and/or aggravation by service-connected disabilities.

The Veteran's appeal for a higher rating for kidney disease and TDIU prior to October 11, 2018 was dismissed.,The Veteran's appeals for increased ratings of peripheral neuropathy were also dismissed.

The Veteran's low back disability is rated at 40 percent prior to July 28, 2015. The Veteran's left sciatic nerve radiculopathy is currently rated at 10 percent. The issue of TDIU due to service-connected disabilities is moot and dismissed.

The Board has remanded the Veteran's claims for increased rating and service connection due to incomplete evidence, including VA treatment records not being associated with his file. The AOJ is instructed to obtain these records and provide a new VA opinion regarding the etiology of the Veteran's bilateral knee condition and left lower extremity radiculopathy.

The Board has granted service connection for right and left knee disabilities, as well as gastrointestinal tract disability (to include hemorrhoids and/or fissures).,Service connection is also granted for lumbosacral strain and initial evaluation of left lower extremity radiculopathy.

The Board denied requests for earlier effective dates for the grants of service connection for various lower extremity radiculopathies and painful surgical scars, as well as intervertebral disc syndrome.

The Veteran's migraine headaches are rated at 30 percent, and service connection is granted for a low back disorder, bilateral pes planus, but RLE and LLE radiculopathy are denied.

The Board has dismissed the issues of entitlement to a rating in excess of 20 percent for diabetes mellitus, type II with erectile dysfunction; right lower extremity diabetic peripheral neuropathy; left lower extremity diabetic peripheral neuropathy; right hip strain; and compensable ratings for hip limitations. The remaining issues have been REMANDED for further development.

The Veteran withdrew his appeals for back pain and right sciatic nerve pain, so the Board has dismissed these cases.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and potential exposure during service. The Veteran's low back disability, sciatica, and sleep apnea are being examined again to determine their etiology.

The Veteran's claim for a higher rating for residuals of fracture, middle third, left clavicle is granted. The claim for folliculitis remains denied as it does not meet the criteria for a rating in excess of 30 percent. Other claims are either granted or remanded.

The Board has granted a 40% evaluation for right lower extremity radiculopathy from November 19, 2016. The claim of TDIU is remanded due to the Veteran's service-connected disability impacting his ability to work.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation prior to December 7, 2011.

The Board denied service connection for orthopedic injury autoimmune reaction with left lower extremity radiculopathy and right lower extremity radiculopathy, finding no evidence of a nexus to active service or the service-connected left foot disability.