Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings for bilateral hearing loss and radiculopathy of the bilateral lower extremities are being remanded due to incomplete medical records, need for a new VA examination, and issues related to the relationship between his service-connected conditions.

The Veteran's service-connected degenerative spondylosis with bilateral sciatica lumbar spine substantially contributed to his death in a motor vehicle accident, and the Board granted service connection for the cause of death.

The Veteran's claims for increased ratings were denied. The back condition and sciatic radiculopathy of the right lower extremity are rated at their maximum levels, while tinnitus and bilateral hearing loss do not warrant higher ratings.

The Board denied the Veteran's claim for service connection for bilateral upper extremity radiculopathy, finding that it did not manifest in service and is not related to his military service or any service-connected disabilities.

The Veteran's claim for higher ratings for lumbosacral strain with mild thoracic spondylosis and sciatic radiculopathy of the lower extremities was denied. The Board found that a rating higher than 20 percent for lumbosacral strain, separate compensable ratings for sciatic radiculopathy prior to August 12, 2018, and staged initial ratings for sciatic radiculopathy from August 12, 2018 to July 5, 2023 were not warranted.

The Board has remanded the Veteran's claims for left lower extremity radiculopathy and lumbar disorder due to conflicting medical evidence regarding which nerves are involved, as well as outstanding private treatment records. The Veteran will need to provide authorization for VA to obtain these records.

The Veteran's service-connected disabilities, including lumbar spine disability, bilateral lower extremity radiculopathy, tinnitus, and left knee disability, rendered her unable to secure or follow substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Board has granted increased ratings for cervical spine disability, left and right upper extremity radiculopathy effective May 19, 2011. The Veteran's service-connected conditions have been rated based on their direct effects rather than any presumption or secondary connection.

The Veteran's claims for PTSD, arthritis of the left and right hands, cervical spine condition, radiculopathy, hip conditions, and TDIU are being remanded due to new evidence received since the January 2020 SOC. The AOJ will consider this additional evidence in their first instance before deciding the cases.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lower extremity radiculopathy and whether it is related to service or a service-connected condition.

The Board dismissed the Veteran's appeals for increased ratings of his lumbar spine disability, radiculopathy of the right and left lower extremities, and TDIU due to service-connected conditions. The Veteran's eye disability was found not to warrant an increase in rating.

The Board has taken jurisdiction of the radiculopathy issues, but the appeal is dismissed as part of the legacy appeals process.

The Veteran's TDIU claim is granted for the period prior to December 13, 2021, as he meets the schedular criteria and is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's lumbosacral dysfunction, right lower extremity neurological disorder (including peripheral neuropathy and sciatic dysfunction), left lower extremity neurological disorder (including peripheral neuropathy and sciatic dysfunction), and right hip disability are all found to be related to service.

The Veteran's claim for a temporary total disability rating based on hospitalization and/or convalescence due to his service-connected intervertebral disc syndrome with associated radiculopathy was denied as the evidence did not show that he required at least one month of hospitalization or had severe postoperative residuals warranting such a rating.

The Veteran's initial compensable rating for cervicogenic headaches and his TDIU claim are both remanded due to the need for additional examination and consideration of extraschedular criteria.

The Veteran meets the schedular criteria for TDIU due to his service-connected disabilities, which render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected left and right lower extremity sciatic radiculopathies are granted a 40 percent rating throughout the appeal period. The Veteran's lumbar spine intervertebral disc syndrome (IVDS) and degenerative joint disease (DJD) is granted a 40 percent rating, but higher ratings for other radiculopathy conditions are remanded.

The Veteran's claim for SMC at the housebound rate is denied as he does not meet the threshold requirements for such a grant due to his service-connected disabilities and their ratings.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and inadequate opinions regarding secondary service connection. The issues of service connection for a lumbar spine disorder, right lower extremity radiculopathy, and irritable bowel syndrome are now before the AOJ.