Radiculopathy & sciatica decisions — 2023

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not meet the threshold requirements for TDIU and they do not render him unemployable.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examinations regarding his claimed conditions, including bronchitis, bladder dysfunction, chronic pain, cervical spine strain, right upper extremity radiculopathy, and left upper extremity radiculopathy. The claims will be further evaluated based on the results of these examinations.

The Veteran has withdrawn his appeals for increased ratings and TDIU for degenerative arthritis of the thoracic and lumbar spine with thoracic spine strain, bilateral sciatic nerve radiculopathy, and chronic epididymitis.

The Veteran's left and right leg radiculopathy, sciatic nerve conditions are currently rated at 60 percent since June 8, 2022. The Board denied any higher ratings for these conditions prior to that date.

The Veteran's service-connected disabilities prior to April 15, 2011 did not prevent him from obtaining or maintaining gainful employment.

The Veteran's service-connected right and left lower extremity radiculopathy, femoral and sciatic nerves were granted effective April 16, 2014.,The Veteran's service-connected left upper extremity radiculopathy was also granted effective October 7, 2014.

The Board has ordered the case remanded for further examination and opinion regarding the Veteran's service-connected degenerative arthritis of the spine, left lower extremity sciatica, and right lower extremity sciatica. The issues of increased ratings remain pending.

The Veteran's lumbar spine disability is rated at 20 percent, and the right and left lower extremity radiculopathy are each rated at 10 percent.,The Veteran seeks higher ratings for his lumbar spine disability, but the evidence does not support a rating in excess of 20 percent.,For radiculopathy of the right lower extremity, the Veteran is already receiving the maximum available rating (20 percent).,For radiculopathy of the left lower extremity, the Veteran is also already receiving the maximum available rating (10 percent).

The Board has remanded the Veteran's claims for low back pain, radiculopathy of the right lower extremity, and an acquired psychiatric condition (including depressive disorder and anxiety disorder) due to incomplete service treatment records.

The Veteran's claims for increased ratings were denied. The reduction of the disability rating for right hand residuals of frostbite from 30% to 20% was found to be improper and void ab initio, with a new 30% rating restored.

The Board has determined that the Veteran's service connection claims for dermatitis, hypertension, bilateral lower extremity radiculopathy and neuropathy, resection of the large intestine, esophagus stricture, and shortness of breath should be remanded due to a lack of information regarding specific toxic exposures during his service aboard the USS Forrestal in July 1967.

The Board has remanded the case due to insufficient evidence regarding the Veteran's eligibility for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment. The Veteran is service-connected for several disabilities, but none are directly related to his request for benefits.

The Veteran's tinnitus is rated at the maximum schedular rating of 10 percent, and a higher rating is not warranted.,The Board has determined that additional examination and analysis are needed to determine if service connection for cerebrovascular accident (stroke) residuals, right lower extremity radiculopathy, left lower extremity radiculopathy, an acquired visual disability, a prostate disability, a cervical spine disability, a gallbladder disability, appendicitis residuals, and osteoporosis is warranted.

The Veteran's bilateral hip disability and cervical spine disability, including strain and radiculopathy, are granted as secondary to his service-connected lumbar spine disability.

The Veteran's appeals for increased ratings in excess of 20 percent for right lower extremity radiculopathy and a scar, status post discectomy lumbar spine are dismissed as they were not part of the AMA appeal system.

The Board denied earlier effective dates for service connection of lumbosacral strain, cervical disc bulge, and left upper extremity radiculopathy due to lack of evidence before the May 2006 rating decision that could be interpreted as a claim.

The Veteran's lumbar spine disability and related radiculopathy conditions were granted increased ratings, with the lumbar spine disability receiving a 20% rating from June 18, 2015 to March 28, 2023. The initial ratings for RLE sciatic and femoral radiculopathies were also granted at 10%. These decisions are effective as of the dates noted.

The Veteran's claims for service connection for bilateral hip displacement and a back disability as secondary to his preexisting status post bilateral distal femoral epiphyseodesis surgeries for genu valgum with acquired left leg shortening are denied because he is not service-connected for any of these conditions.

The Veteran's service-connected right and left sciatic radiculopathy, as well as external popliteal and femoral radiculopathies, have been granted increased ratings of 20 percent prior to March 28, 2023, and 40 percent from that date. The Veteran's right and left external popliteal radiculopathies are each rated at 30 percent effective March 28, 2023. The Veteran's right and left femoral radiculopathies remain at 20 percent.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's right shoulder disabilities and headaches. The issues of service connection for a right shoulder disability, headaches, and right lower extremity radiculopathy have been granted.