Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his right lower extremity radiculopathy, left lower extremity radiculopathy, or right knee condition.,For his left hip conditions, he was granted a 10 percent rating for limitation of extension and no other ratings were granted. The Board found that the evidence did not support a higher rating for his generalized anxiety disorder.

The Board has restored the Veteran's disability ratings for his service-connected right and left lower extremity sciatica to 40 percent, effective April 6, 2022. The Board also granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for a neck disability and bilateral upper extremity radiculopathy as secondary to the service-connected cervical spine disability.

The Board has granted earlier effective dates of March 1, 2021 for the awards of a TDIU, establishment of basic eligibility for DEA under 38 U.S.C. chapter 35, and SMC based on housebound status due to service-connected disabilities.

The Board has remanded the claims for lumbar spine disability, RLE and LLE peripheral nerve disorders, and OSA due to duty-to-assist errors.

The Veteran withdrew his claims for service connection for multiple conditions, including left shoulder disability, right wrist disability, right broken arm, left knee condition, right knee condition, left upper extremity radiculopathy, and left ankle and / or left leg condition.

The Veteran's appeal for increased ratings for left lower extremity sciatica and left ankle sprain residuals was denied. The Board found that the evidence did not support a higher rating than the current 20 percent assigned.

The Veteran's lumbar DDD with IVDS and left leg radiculopathy are both remanded for further evaluation due to possible worsening of symptoms.

The Board has remanded the Veteran's claims for service connection for neck disability, headache disability, and upper extremity radiculopathy due to outstanding records and a need for an addendum opinion.

The Veteran's claim for a higher rating for right knee disability and radiculopathy of the left lower extremity (LLE) was denied. The right knee disability is rated at 60 percent, effective December 30, 2022.

The Board has remanded the Veteran's claims for increased ratings for cervical strain, right arm radiculopathy, and left arm radiculopathy due to incomplete examination reports and lack of substantial compliance with prior remand directives.

The Veteran's claim for a clothing allowance for menthol/M-salicylate topical cream and capsaicin cream is denied as there is no service-connected skin condition, and the creams do not cause irreparable damage to his outer garments.

The Veteran withdrew his appeals regarding the service connection for right and left lower extremity sciatica, which were secondary to service-connected scapulothoracic spine strain.

The Veteran's lumbar spine degenerative arthritis is currently rated at 40 percent, and the Board denied a higher rating. The ratings for right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radulopathy, and left lower extremity femoral nerve radiculopathy are also denied.

The Veteran's lumbar spine degenerative arthritis and right lower extremity radiculopathy (sciatic nerve) were granted initial disability ratings. The lumbar spine was rated at 40 percent from October 11, 2016 to February 22, 2018. The right lower extremity radiculopathy (femoral nerve) received a higher rating of 20 percent from February 22, 2018.

The Veteran's claim for an earlier effective date for service connection for degenerative arthritis of the spine and bilateral lower extremity radiculopathy was denied as his VA Form 9, which he requested to reopen the claim, was not received within 60 days of the December 2013 Statement of the Case.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, sciatic nerve radiculopathy, femoral nerve radiculopathy, hemorrhoids, left foot bunion, erectile dysfunction, and human papillomavirus, prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's hypertension has been granted a 10% rating, effective from the date of the decision.,Both his right and left upper limb unspecified mononeuropathies have been granted a 10% rating, effective from the date of the decision.,The Veteran's right lower extremity radiculopathy has been granted a 20% rating, effective from the date of the decision. The Veteran is denied a higher rating for this condition.,The Veteran's left lower extremity radiculopathy has been granted a 20% rating, effective from the date of the decision. The Veteran is denied a higher rating for this condition.

The Veteran's bilateral hearing loss and diabetes mellitus type 2 evaluations have been dismissed due to the appellant's withdrawal of these issues.,Higher ratings for peripheral neuropathy of the left lower extremity (sciatic nerve), right lower extremity (sciatic nerve), left lower extremity (femoral nerve) associated with herbicide exposure, and right lower extremity (femoral nerve) associated with herbicide exposure have been granted. The Veteran's status post left ankle fracture evaluation has been denied.,The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's lumbar strain and spinal stenosis are rated at 40 percent prior to October 1, 2013. The rating for radiculopathy of the lower extremities is granted at a separate 10 percent from February 22, 2013. Right ankle arthritis and scars are each rated at 20 percent beginning April 17, 2023. Hypertension is rated at 10 percent.