Radiculopathy & sciatica decisions — 2023

The Board has dismissed the appeals for increased ratings and service connection as the appellant withdrew his appeal prior to a decision being made.

The Board denied the Veteran's claim for an earlier effective date prior to December 19, 2017, for the grant of service connection for radiculopathy of the right lower extremity. The decision also remanded her claim for service connection for a Gulf War undiagnosed illness.

The Veteran's appeal involves multiple service-connected disabilities, including cervical spine and thoracic spine conditions, right upper extremity radiculopathy, osteoarthritis of the great toes, gastrointestinal disability, Peyronie's disease, and erectile dysfunction. The Board has determined that additional VA examinations are needed to assess the current severity of these conditions, as well as whether there is a nexus between his service-connected disabilities and any other claimed conditions or exposures.

The Veteran's diabetes mellitus with erectile dysfunction is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,Both his peripheral neuropathy of the right lower extremity sciatic nerve and femoral nerve are currently rated at 20 percent, and the Board finds no basis for increasing these ratings.

The Veteran's service-connected disabilities, including diabetes mellitus type 2 and diabetic neuropathies of the upper and lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these conditions.

The Board denied the Veteran's appeal, finding that the grant of service connection for lumbar spine degenerative arthritis was clearly and unmistakably erroneous due to a misrepresentation of his active duty service duration.

The Board has decided to remand the Veteran's claims for increased ratings for various disabilities, including back disability, radiculopathy of the right lower extremity, left eye disability, left shoulder disability, and right shoulder disability. The decision is based on incomplete VA treatment records from the period of appeal.

The Veteran's claims for increased ratings of service-connected radiculopathy and PTSD with TBI were denied. The Veteran was granted a 50 percent rating for PTSD effective December 11, 2021.

The Veteran's service-connected disabilities, including right knee osteoarthritis, left and right shoulder impingement syndrome, degenerative arthritis of the lumbar spine, radiculopathy in the right lower extremity, femoral nerve radiculopathy, and right hip trochanteric syndrome with osteoarthritis, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is granted TDIU.

The Veteran's service-connected lumbar spine degenerative arthritis is granted a 10% rating for left lower extremity radiculopathy, but denied for other conditions.,Bilateral hearing loss and bilateral plantar fasciitis are not service connected.

The Veteran's back and sciatica radiculopathy are granted as service-connected, with the latter being secondary to his now-service connected low back disability.

The Board denied the Veteran's claims for increased ratings for her DDD of the lumbar spine and left lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Codes 4.71a or 8520.

The Veteran's appeals for increased ratings for his neck and left upper extremity radiculopathy disabilities have been dismissed as the appellant withdrew his appeal prior to a decision being made.

The Veteran's claims for service connection of back condition, bilateral lower extremities radiculopathy and IBS have been granted. However, the Veteran's claim for erectile dysfunction remains pending. The Board has remanded several issues including rating evaluations and service connection determinations.

The Veteran's lumbar spine disability is rated at 20 percent, but the most recent VA examination found no limitation of motion. The right lower extremity radiculopathy is rated at 10 percent.,The Veteran's TDIU claim is remanded as he has a combined rating of 80% from April 13, 2023.

The Veteran's claim for increased ratings for left lower extremity radiculopathy was denied. From September 2, 2009 to November 30, 2020, the rating assigned was 10 percent. After November 30, 2020, a higher rating of 40 percent was denied.

The Veteran's claim for an initial rating in excess of 40 percent for lumbar strain is denied.,Service connection for right lower extremity radiculopathy is denied. The Veteran's claim for a bilateral hip disability is remanded.

The Board has remanded the claims for service connection due to insufficient evidence and need for VA examinations. The issues include right lower extremity radiculopathy, right shoulder condition, genu varum, and right hip osteitis pubis as secondary to genu varum.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment prior to September 10, 2013.

The Veteran's claim for a higher rating for his acquired psychiatric disorder, to include depression, was granted. The claims for service connection for gastric ulcer with reflux (reflux), left lower extremity radiculopathy, and abnormal liver test disability were denied. The claim for earlier effective dates for the grant of service connection for reflux, rhinitis, and left lower extremity radiculopathy was denied. The claim for service connection for bilateral restless leg syndrome is remanded.