Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings of his right knee disabilities are remanded due to inadequate examination reports. The Veteran is seeking higher ratings for his radiculopathy and flexion limitations.

The Board has decided to remand several of the Veteran's claims due to new evidence being added to his file. He is asked to submit any additional medical records and will have another chance for a full review by the AOJ.

The Veteran's claims for right foot scar, fractured right foot, and related radiculopathy were denied. The claim for service connection for depression was also remanded.,The Veteran's claim for right hip pain associated with his service-connected fracture was remanded.

The Board has determined that the Veteran's claims for higher ratings for his lumbar spine strain and radiculopathy disabilities are remanded due to the need for new VA examinations and the need to obtain outstanding private treatment records.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new VA examinations to assess the severity of his service-connected disabilities, including Major Depressive Disorder (MDD), Degenerative Arthritis of the Spine with IVDS and Pars Defect with Anterolisthesis of L5-L1 (spine disorder), right lower extremity sciatic nerve disability, right lower extremity femoral nerve disability, left lower extremity sciatic nerve disability, and left lower extremity femoral nerve disability. The TDIU claim is also being remanded as it is intrinsically intertwined with the other issues on appeal.

The Board has ordered additional examinations and opinions to address the etiology of the Veteran's neck, shoulder, hip, and sciatica disorders, specifically related to his testimony about wearing an incorrectly sized Kevlar vest during deployment.

The Veteran's lumbar spine disability is rated at 40 percent, effective January 15, 2013.,Radiculopathy of the right and left lower extremities was granted a 40 percent rating since January 15, 2013.

The Veteran's right lower extremity radiculopathy (sciatic nerve) and left lower extremity radiculopathy (femoral nerve) have been granted service connection.,Tinnitus has been reopened for further review, but a final determination will be made after additional medical opinions are obtained.

The Veteran's RUE PN was initially rated at 20 percent from November 10, 2005, through April 22, 2021, and is now granted a 40 percent rating effective April 22, 2021.,The Veteran's LUE PN was initially rated at 20 percent from November 10, 2005, through April 22, 2021, and is now granted a 30 percent rating effective April 22, 2021.,The Veteran's RLE radiculopathy was initially rated at 20 percent from November 10, 2005, through December 28, 2017, and is now granted a 40 percent rating effective December 28, 2017.,The Veteran's LLE radiculopathy was initially rated at 20 percent from November 10, 2005, through December 28, 2017, and is now granted a 40 percent rating effective December 28, 2017.

The Veteran's cervical spine, right and left upper extremity radiculopathy, lumbar spine arthritis, bilateral lower extremity radiculopathy, and left hip disability have been granted increased ratings.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment consistent with his education and occupational background, thus denying the claim for a TDIU.

The Veteran's appeal for a TDIU prior to April 7, 2022 is remanded due to incomplete employment information from the Oregon Institute of Technology and Portland VAMC. The AOJ must obtain this information as part of their review.

The Veteran's carpal tunnel syndrome, degenerative arthritis with right radiculopathy (lower back condition), and bilateral hearing loss have been granted service connection. The carpal tunnel syndrome is related to his active duty duties as a hull maintenance technician and damage controlman. The degenerative arthritis with right radiculopathy is presumed due to the Veteran's in-service injury, while the bilateral hearing loss is denied as there was no evidence of hearing loss during or within one year after service.

The Veteran's claim for service connection for bilateral hearing loss disability is denied as there is no evidence of a current disability. The Board finds that the Veteran does not have a bilateral hearing loss disability for VA compensation purposes.,Service connection for sleep apnea has been granted based on continuity of symptomatology since active service and credible lay testimony from the Veteran regarding his symptoms during service.,The Veteran's PTSD is rated as 70 percent disabling throughout the appeal period, with occupational and social impairment with deficiencies in most areas due to symptoms such as difficulty adapting to stressful circumstances, impaired impulse control, and inability to establish effective relationships.,Service connection for back disability, including DDD and thoracic muscle spasms, has been remanded. The Veteran reported injuries during basic physical training (PT) and combat fitness training, but STRs are silent on these claims.,Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy have also been remanded as there is insufficient evidence to determine the etiology of these conditions.,The Veteran's claim for service connection for urinary incontinence has not been addressed, as it was not part of his original appeal.,Further development is needed to clarify the Veteran's periods of qualifying service and verify any injuries reported during active duty.

The Veteran's radiculopathy of the left lower extremity was rated at 10 percent prior to June 22, 2015 and increased to 20 percent from June 22, 2015 to May 17, 2022. After May 17, 2022, the Veteran's radiculopathy of the left lower extremity was rated at 40 percent.,The Veteran's radiculopathy of the right lower extremity was rated at 10 percent prior to June 22, 2015 and increased to 20 percent from June 22, 2015. After May 17, 2022, the Veteran's radiculopathy of the right lower extremity was rated at 40 percent.

The Board has remanded the case for further development, including obtaining a retrospective opinion regarding the effect of flare-ups on the Veteran's range of motion in his thoracolumbar spine disability prior to July 27, 2017.

The Veteran's claims for higher ratings and earlier effective dates for left and right lower extremity sciatica, as well as a depressive disorder, have been denied.,His current 60 percent rating for IVDS already contemplates his bilateral sciatica.

The Veteran's initial rating for cervical spine arthritis is granted at 30 percent, effective prior to April 14, 2021.,A higher rating of more than 30 percent for cervical spine arthritis from April 14, 2021, is denied.

The Veteran's lumbar spine degenerative disc disease is rated at 20 percent, which is the maximum rating available under VA regulations.,For the period prior to January 14, 2020, the Veteran's right lower extremity sciatic radiculopathy is rated at 10 percent. For the period beginning on January 14, 2020, it is rated at 20 percent.,The Veteran's left lower extremity sciatic and femoral radiculopathies are each rated at 10 percent.

Service connection is granted for tinnitus, posttraumatic headaches, sleep apnea, cervical spine degenerative disc disease with neck sprain, right upper extremity radiculopathy, and left upper extremity radiculopathy.,The effective date for service connection of these conditions ranges from April 27, 2016 to September 20, 2017.