Radiculopathy & sciatica decisions — 2023

The Veteran's right lower extremity radiculopathy is granted an initial rating of 20 percent, but no higher. The left lower extremity radiculopathy and bilateral hearing loss are denied initial ratings.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and consideration of his reported in-service injury.

The Board denied service connection for bilateral hearing loss, tinnitus, residuals of a cerebral vascular accident (CVA), and a disability other than radiculopathy manifested by numbness of the left lower extremity as secondary to a service-connected disability due to the Veteran's failure to report for VA examinations in July 2023.

The Board has found that the Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU. However, due to her unemployability as a result of her service-connected disabilities, the case is being remanded to determine if she is entitled to an extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Board has remanded the claim for a TDIU due to unclear evidence regarding the appellant's capacity to secure and follow a substantially gainful occupation, specifically related to his service-connected disabilities.

The Veteran's claim for higher ratings for lumbar spine intervertebral disc syndrome with degenerative arthritis, left lower extremity radiculopathy, and right lower extremity radiculopathy was denied. The evidence did not show incapacitating episodes or unfavorable ankylosis of the thoracolumbar spine.,The Veteran's service-connected conditions were rated based on their impact on range of motion and neurological symptoms.

The Board has remanded the Veteran's claims for service connection due to deficiencies in previous VA medical opinions and the need for additional examinations.

The Veteran's claims for effective dates prior to May 9, 2017 for the grants of service connection for right and left upper extremity radiculopathy have been denied.

The Board has remanded several claims for further development, including a TDIU claim and the need to consider additional medical records. The Veteran's service-connected lumbar spine disorder, left lower extremity radiculopathy with femoral nerve involvement, right lower extremity radiculopathy (rated as sciatic nerve impairment), and right lower extremity radiculopathy (rated as femoral nerve involvement) are all subject to remand.

The Board has granted service connection for a lumbar spine disorder and a psychiatric disorder (claimed as a sleep disorder). The case is remanded to obtain medical opinions regarding radiculopathy of the lower extremities and headache disorder.

The Veteran's appeal is remanded for further development due to the need for a new VA examination regarding his back disability and left lower extremity sciatic radiculopathy.

The Veteran's service-connected conditions, including degenerative joint disease of the lumbar spine and cervical spine, left and right lower extremity radiculopathies, and bowel incontinence, have been rated based on their severity. The decision grants increased ratings for some conditions but denies others.

The Veteran's claims for increased ratings for various service-connected disabilities are being remanded due to the need for updated medical records and examinations.

The Veteran's increased rating claims for lumbosacral strain, cervical strain, left knee arthritis with internal derangement, right upper and lower extremity radiculopathy have all been denied.,Specifically, the criteria for a higher rating were not met for each condition.

The Veteran's service-connected disabilities have combined to prevent her from securing and maintaining gainful employment since May 13, 2018. The Board has granted a TDIU effective that date.

The Board has remanded the issues of service connection for tinea pedis, gastrointestinal disorder (including acid reflux and/or GERD), sciatica of the right lower extremity, and sciatica of the left lower extremity due to insufficient rationale in the VA opinion.

The Veteran's radiculopathy of the right lower extremity is granted as secondary to his service-connected lumbosacral spondylosis with spinal fusion.,The Veteran's migraine headaches are granted a 30 percent rating, which is the maximum available under Diagnostic Code 8100.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance as they do not cause anatomical loss or use of both feet, blindness in both eyes with visual acuity of 5/200 or less, permanent bedridden status, or being so helpless as to be in need of regular aid and attendance.

The Board has decided to remand several issues related to the Veteran's service connection claims, including for lower extremity sciatica, hepatic steatosis, and neurobehavioral effects. The rating for the lumbar spine disability is also being remanded.

The Veteran's claims for service connection have been withdrawn. The remaining issues, including those related to the left hand and right knee disabilities, are being remanded due to insufficient evidence.