Radiculopathy & sciatica decisions — 2023

The Board has granted the Veteran's petition to reopen his claim for service connection for right upper extremity radiculopathy and has determined that it is secondary to his service-connected cervical spine disability.

The Veteran's service-connected disabilities, including obstructive sleep apnea and lumbar spine degenerative disc disease, have rendered him unemployable since June 2, 2016. Basic eligibility for Dependents' Educational Assistance is also established as of that date.

The Veteran's petition to reopen a claim of entitlement to service connection for sciatica of the left lower extremity is granted. The Board also remanded three issues: initial rating for sacroiliac degenerative joint disease, lumbar spine; compensable rating for pseudofolliculitis barbae (PFB); and service connection for sciatica of left lower extremity as secondary to sacroiliac degenerative joint disease, lumbar spine.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's claims for higher ratings and TDIU must be remanded due to inadequate VA examinations. The Veteran submitted private MRI results from January 2019, which were not reviewed by the examiners who conducted the October 2019 and February 2022 VA examinations.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's LLE radiculopathy claim has been granted with increased ratings. The psychiatric disorder claim is remanded for further examination and opinion.

The Veteran's PTSD was rated at 70 percent prior to June 21, 2023. The Board granted a TDIU due to the service-connected PTSD and SMC based on housebound status prior to that date.

The Veteran's low back disability, left and right lower extremity sciatic nerve radiculopathies are each granted an initial 40 percent rating.

Service connection is granted for a low back disorder, including degenerative disc disease and IVDS.,Service connection is also granted for left lower extremity radiculopathy.

The Veteran's appeal for increased ratings of various lower extremity radiculopathy conditions and a back disability has been dismissed due to the appellant's representative filing a request to withdraw the appeal.

The Veteran withdrew their appeals regarding service connection for right and left lower extremity radiculopathy, as well as the rating issues for back, right knee, left knee, right thigh, and left thigh disabilities. As a result, these issues are dismissed.

The Veteran's claim for an increased evaluation for his service-connected lumbar spine disability is denied. For the period of March 12, 2015, to February 1, 2016, the Veteran's right lower extremity femoral radiculopathy was rated at 10 percent.

The Board has restored the original disability ratings for radiculopathy of the left and right lower extremities, as well as intervertebral disc syndrome with degenerative disc disease L4 - L5. The effective dates remain unchanged.

The Board has denied an increased rating for the Veteran's lumbar spine disability, as there is no persuasive evidence of ankylosis.,The Board has remanded the issues regarding bilateral lower extremity radiculopathies due to lack of substantial compliance with prior remand directives.

The Veteran's service-connected left and right lower extremity radiculopathy disabilities have been granted initial disability ratings of 40 percent from May 8, 2012. The Veteran's service-connected lumbar spine disability has also been granted an initial disability rating of 40 percent from February 6, 2018 to April 1, 2023.

The Veteran's service-connected disabilities, including diabetic neuropathy, diabetes mellitus type II, degenerative arthritis of the lumbar spine, hearing loss, tinnitus, and sciatic nerve radiculopathy, preclude him from obtaining or maintaining a substantially gainful occupation. The Board granted his TDIU claim.

The Veteran's service-connected disabilities, including degenerative arthritis of the spine and radiculopathy, have prevented him from obtaining and retaining substantially gainful employment. The Board has granted a TDIU and special monthly compensation at the housebound rate effective September 30, 2020.

The Board has granted service connection for the Veteran's low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy disabilities as secondary to his service-connected left ankle disability.

The Board has determined that the Veteran's low back disability with sciatica is caused by her service-connected bilateral foot conditions, and thus grants service connection for this condition.