Radiculopathy & sciatica decisions — 2023

The Board has decided to remand the cases for further examination and evaluation due to the Veteran's testimony of worsening symptoms since her last VA examinations in 2018.

The Veteran's appeal for additional VR&E services, including training to pursue a medical degree, was granted. The Board found that the Veteran had service-connected disabilities and functional limitations that made it necessary to change his rehabilitation goal from biomedical sciences to medicine.

The Veteran's increased rating claim for a right foot disorder is denied. The issues of service connection for calcium deposit on the sciatic nerve and right hip disorder are remanded.

The Veteran's claims for increased ratings for his lumbar spine degenerative arthritis and right sciatic nerve disability are being remanded due to the need for updated medical records and a new examination.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran's claims for higher ratings for diabetes mellitus type II, left and right femoral nerve peripheral neuropathy, and right sciatic nerve peripheral neuropathy are being remanded due to the need for additional VA examinations.,The Veteran's claim for TDIU is also being remanded as it is intertwined with the issues of increased rating.

The Veteran's low back disability is rated at 20 percent, and his left lower extremity radiculopathy is rated at 10 percent. The claims for higher ratings are denied.

The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his claims by his attorney in December 2020.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including PTSD, left shoulder and ankle conditions, knee degenerative joint disease, radiculopathy, skin disorders, cervical spine disability, facial injury residuals, TMJ, sleep apnea, headaches, hand tremors, CFS, fibromyalgia, and muscle and joint pain. The Board finds that additional evidence is needed to properly evaluate these issues.

The Board has decided to remand the cases for further development and consideration. The Veteran's dental caries claim is being remanded due to a duty-to-assist error, while his PTSD rating appeal requires obtaining authorization for private treatment records.

The Veteran's left lower extremity radiculopathy is granted a 40 percent rating, while the right lower extremity radiculopathy remains denied. Service connection for right hip and left hip traumatic arthritis as well as right ankle and left ankle disabilities are all granted.

The Veteran's claims for increased ratings for PTSD and low back strain with sciatica are being remanded due to the need for updated treatment records, a new VA examination, and clarification of whether the Veteran intends to file an unemployability claim.

The Veteran's appeals for service connection for thoracolumbar spine disability and left lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's claim for right ear hearing loss has been dismissed as the Regional Office granted it.,Left ear hearing loss is denied due to lack of current disability.

The Board has denied a higher rating for the cervical spine disability prior to June 3, 2022 and remanded the issues of increased ratings for lumbar and LLE radiculopathy. The Veteran's claims are being returned to the AOJ for further development.

The Veteran's back disability, diagnosed as degenerative joint disease and degenerative disc disease with left lower extremity radiculopathy, had its onset in service and the Board finds that service connection is warranted.

The Veteran's claims for service connection for lumbar spine DJD and IVDS, as well as right lower extremity radiculopathy, have been fully granted in a previous rating decision. Therefore, these issues are dismissed.,Service connection has also been granted for allergic rhinitis due to Gulf War exposures.

The Veteran's right lower extremity disability, specifically the sciatic nerve and related nerves, is rated at 40 percent. The other conditions are not rated higher.

The Veteran's TDIU claim is being remanded due to the possibility of marginal employment during some portions of the appellate period prior to January 10, 2022.,Basic eligibility for DEA benefits is also being remanded as it is linked with the adjudication of the TDIU issue.

The Board has remanded the claims for service connection of a right foot disorder, right knee disorder, and back disorder due to evidentiary development needs. The Veteran's service records are silent on these issues but he reported injuries during basic training and at Fort Leonard Wood Army Base.