Radiculopathy & sciatica decisions — 2023

The Veteran's radiculopathy of the right lower extremity, sciatic nerve was granted a 40 percent rating from October 17, 2012 to February 8, 2013.,An initial rating in excess of 20 percent for degenerative disease (arthritis) of the lumbar spine prior to November 7, 2019 and since January 1, 2020 was denied.

The Board denied the Veteran's claims for higher ratings for right and left lower extremity radiculopathy affecting the sciatic nerve, finding that the evidence did not support a rating higher than 10 percent.

The Veteran's TDIU claim was granted, and his increased ratings for back disability and right lower extremity radiculopathy were also granted. The rating for the back disability is set at 20 percent, while the rating for the right lower extremity radiculopathy remains at 20 percent.

The Veteran's radiculopathy of the sciatic nerve in her left lower extremity is currently rated at 20 percent, and a higher rating is denied.

The Veteran's back disability and right lower extremity radiculopathy have been addressed, but the claim for fibromyalgia remains pending.,The Board has found that a higher rating of 40 percent is warranted for the Veteran's right lower extremity radiculopathy as of November 17, 2022.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a right leg disability, right foot disability, sleep disorder (OSA and/or insomnia), an acquired psychiatric disorder, and hypotension. The cases are being remanded for further development.

The Board has granted service connection for bilateral lower extremity radiculopathy due to the PACT Act effective August 10, 2022. The claim was remanded as it pertained to a period prior to this date.,Prior to August 19, 2023, the Veteran's migraine headaches were rated non-compensable. As of August 19, 2023, a 30 percent rating for migraines is granted.

The Board has granted service connection for obstructive sleep apnea, finding it at least as likely as not caused by the Veteran's service-connected major depressive disorder. The claims for degenerative arthritis of the shoulders and cervical spine DDD are remanded due to lack of a VA examination. The claim for radiculopathy of the right upper extremity is inextricably intertwined with the cervical spine disability.

The Veteran's appeal for a rating for radiculopathy of the right lower extremity prior to October 28, 2019 is dismissed. The Board has remanded issues regarding ratings for bilateral plantar fasciitis and degenerative arthritis of the spine.

The Board has remanded the Veteran's claims for right lower extremity radiculopathy and lumbar spine disability due to incomplete development. The case will be returned to the RO for further action.

The Board denied the Veteran's claims for service connection for bilateral flat feet, lumbar spine arthritis and bony spurs at multi-levels of lumbosacral spine with lumbar stenosis, and right leg disorder (rheumatoid arthritis).,There is no evidence showing a current diagnosis or in-service injury that would support the Veteran's claims for service connection.

The Veteran's appeal for increased evaluations of his lumbar spine condition and right lower extremity radiculopathy was remanded. An effective date earlier than August 24, 2017, for the grant of additional benefits for dependent child A.T. is denied.

The Veteran's service-connected disabilities, including PTSD, left shoulder disability, thoracolumbar spine degenerative disc disease, and other conditions, are found to preclude him from securing or following a substantially gainful occupation as a truck driver. As such, the Board has granted his TDIU claim.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of his degenerative arthritis of the lumbar spine, as well as service connection for radiculopathy of the left and right lower extremities and a left shoulder disability.

The Board has remanded the cases for further evaluation due to unclear functional loss and need for additional medical examination.

The Board dismissed the Veteran's appeals for service connection and initial disability ratings related to his low back disability, left eye retinopathy, diabetes mellitus with erectile dysfunction (ED), left sciatic diabetic neuropathy, right sciatic diabetic neuropathy, and cellulitis. The claims were remanded for further examinations.

The Board has remanded the cases for further development and readjudication due to outstanding records from Craft Chiropractic Center in Charlotte, Michigan.

The Veteran's sciatic neuropathy, left lower extremity, is granted. The claims for right leg pain with poor blood circulation, left leg pain with poor blood circulation, and left quadricep contusion are remanded due to inadequate medical opinions. The claim for an acquired psychiatric disorder, to include PTSD, is also remanded due to insufficient verification of the claimed stressor.

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment, resulting in a TDIU. The adjustment disorder with depressed mood requires further examination to determine the appropriate disability rating.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for additional development.,His low back scar was not found to meet criteria for a compensable rating.