Radiculopathy & sciatica decisions — 2023

The Veteran's claim for PTSD was reopened and granted, while the claims for right ear hearing loss, right knee disability, and right ear tinnitus were denied. The Veteran's service connection for a right thumb injury and right hand radiculopathy was granted.,The Veteran has been awarded ratings for her right thumb injury and right hand radiculopathy, but not for other conditions such as PTSD, hearing loss, or knee disability.

The Veteran meets the schedular requirement for a TDIU due to service-connected disabilities, and his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further medical examinations.,The Veteran is also seeking a TDIU and SMC based on aid and attendance.

The Board has remanded the cases of bilateral plantar fasciitis and radiculopathy of the lower left extremity for further development.

The Veteran's sleep apnea is being remanded for further examination and opinion as the current opinions do not address whether his service-connected disabilities aggravated his obesity, which in turn caused or aggravated his sleep apnea.

The appeal for a disability rating in excess of 60 percent for neurogenic bladder is dismissed. The appeals for major depressive disorder, migraine headaches, spinal stenosis with IVDS and DDD, left lower extremity lumbar radiculopathy, and right lower extremity lumbar radiculopathy are all REMANDED.

The Veteran's right ankle condition, degenerative disc disease of the lumbar spine with intervertebral disc syndrome and resultant spinal fusion with radiculopathy of the right lower extremity, and right foot drop are all granted. The Veteran is assigned a 20% disability rating for his right ankle condition.

The Veteran's lumbar spine disability is now rated at 40% effective March 11, 2005.,Left lower extremity sciatic neuralgia was granted service connection effective October 11, 2005.

The Veteran's service-connected disabilities prior to February 3, 2010 did not meet the schedular requirements for a TDIU rating. The Board has determined that there is a reasonable possibility of unemployability due to his service-connected disabilities and refers this matter to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, but the Board finds that it does not warrant a higher rating due to limited range of motion.,The Veteran's bilateral sciatic nerve radiculopathy is currently rated at 10 percent each side. The Board finds no basis for a higher rating as there is no evidence of moderate or severe incomplete paralysis.

The Board has remanded the claims for service connection for obstructive sleep apnea (OSA) and entitlement to a total disability rating due to individual unemployability (TDIU). The primary issue is whether obesity, which may be an intermediate step between the Veteran's service-connected disabilities and his OSA, caused or aggravated the Veteran's OSA. Additional development is needed to address this question.

The Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as abdominal pain with hiatal hernia and ulcer symptoms, are being remanded due to the need for additional medical records and examinations.,Service connection is also being remanded for right ear hearing loss.

The Veteran's appeals for increased ratings and reductions of disability ratings have been withdrawn, resulting in the dismissal of these claims.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, as well as obtaining relevant medical records.

The Veteran's claims for increased ratings for his bilateral lower extremity radiculopathy of the sciatic nerve were denied as there was not sufficient evidence to support a finding that the symptoms were more than mild at any time during the period on appeal.

The Veteran's appeal is remanded for further development, including obtaining Social Security Administration records and a VA examination to assess the severity of his service-connected cervical spine and left arm radiculopathy.

The Veteran's claims for increased ratings for service-connected left and right lower extremity radiculopathy, as well as his claim for service connection for a deviated septum, are being remanded due to the need for additional development.

The Veteran's dizziness has been granted service connection and a rating of 10 percent is assigned.,A 40 percent rating for lumbosacral spine DDD is granted throughout the appeal period, with forward flexion less than 30 degrees.,A 30 percent rating for cervical spine DDD is granted throughout the appeal period, with forward flexion less than 15 degrees.,The Veteran's left upper extremity radiculopathy has been granted a 40 percent rating since October 19, 2022.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to April 25, 2021.

The Veteran's service-connected disabilities do not render him unemployable, and the claim for TDIU is denied.