Radiculopathy & sciatica decisions — 2023

The Veteran's claims for service connection are being remanded due to duty-to-assist errors in obtaining adequate medical opinions.,All issues related to the Veteran's hearing loss, tinnitus, degenerative arthritis of the lumbar spine, cervical spine condition, and traumatic brain injury will be addressed.

The Veteran's hypertension is granted on a presumptive basis due to herbicide agent exposure. The issues of service connection for CHF, bilateral lower extremity radiculopathy, bilateral eye disability, GERD, and skin moles are remanded.

The Veteran's diabetes mellitus and lower extremity peripheral neuropathy were evaluated, with the majority of issues related to increased ratings for these conditions. The appeal was denied as the evidence did not support higher ratings.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, and bilateral foot conditions, precluded him from securing and following substantially gainful employment for which his education and occupational experience would have otherwise qualified him during the period from October 21, 2015 through October 10, 2018.

The Veteran has withdrawn all his appeals regarding the service connection and rating for various conditions, including radiculopathy of the left lower extremity, hypertensive vascular disease, left knee non-degenerative arthritis, psychological psychogenic movement disorder, and lumbar strain. The appeal is dismissed.

The Veteran's appeal for Total Disability Rating Based on Individual Unemployability (TDIU) has been dismissed. The Board also remanded the cases regarding his right knee, left knee, lumbar strain, and lower extremity radiculopathy disabilities.

The Board has denied service connection for bilateral hearing loss, lumbar spine disorder, and radicular disorder of the bilateral lower extremities (sciatica) as there is no evidence of a current disability or a link to service.

The Veteran's tuberculosis claim is dismissed. Service connection for low back disability, bilateral sciatic and femoral radiculopathies, and right knee disability are granted.

The Veteran's claim for a TDIU was denied as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for service connection for muscle and joint pain, PTSD, pulmonary lung nodule, chronic fatigue syndrome (CFS), lumbosacral strain and arthritis, sciatica, depressive disorder with anxious distress, and bruxism have all been denied. The Board found that the evidence did not support a finding of current disabilities related to service or an undiagnosed illness.

The Veteran withdrew his appeal, which involved multiple issues including service connection and a rating for an adjustment disorder. The Board dismissed the appeal due to the withdrawal.

The Veteran's bilateral lower extremity femoral nerve radiculopathy is currently rated at 20 percent, and the Board has denied entitlement to higher ratings.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, but a higher 40 percent rating is granted from November 8, 2019 to February 6, 2020.

The Veteran's claims for increased ratings and service connection were denied, with the effective dates of the grants being October 18, 2018.

The Veteran's service-connected disabilities met the schedular rating requirements and rendered him unable to secure or follow a substantially gainful occupation from July 13, 2022, through April 16, 2023. Beginning April 17, 2023, when his combined rating went into effect at 100%, no individual service-connected disability rendered him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for neck disorder, back disorder, left upper and lower extremity radiculopathy, right ankle condition, bilateral carotid artery disease, COPD, and tinnitus.,There is no evidence of a current diagnosis or in-service event that supports the Veteran's claims.

The Veteran's lumbar spine disability is granted an increased rating to 40 percent, and service connection is granted for radiculopathy of the right and left lower extremities as secondary to his service-connected lumbar spine disability. Service connection is also granted for right and left shoulder disabilities.

The Veteran's service-connected neuropathy of the bilateral lower extremity (sciatic nerve) alone supports a TDIU, and his combined rating exceeds 60 percent without this condition. Therefore, SMC based on a single service-connected disability rated as total is granted.

The Veteran's claim for increased ratings for bilateral upper and lower extremity peripheral neuropathy is remanded due to a duty to assist error. The TDIU claim from September 16, 2012, is also remanded as the AOJ did not provide reasons and bases for its decision.

The Board denied initial ratings in excess of 10 percent for lumbosacral radiculopathy of the right and left lower extremities, finding that the Veteran's symptoms did not warrant higher ratings based on his subjective complaints.