Radiculopathy & sciatica decisions — 2023

The Board has determined that the Veteran's service-connected degenerative disc disease, lumbar spine with bulging disc L5-S1 and intervertebral disc syndrome, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity require further examination to assess their current severity. Additionally, his claim for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for information regarding his employment status.

The Veteran's right lower extremity radiculopathy is rated as 20 percent disabling, and his left lower extremity radiculopathy prior to July 7, 2022, is rated as 10 percent disabling. From July 7, 2022, the rating for left lower extremity radiculopathy is increased to 20 percent.,The Veteran's right lower extremity radiculopathy is currently rated at 20 percent under Diagnostic Code 8520 (incomplete paralysis of the sciatic nerve). His left lower extremity radiculopathy prior to July 7, 2022, was rated as 10 percent under Diagnostic Codes 8620 and 8720 (neuralgia of the sciatic nerve), and from that date forward is rated at 20 percent.

The Veteran is seeking additional retroactive VA disability compensation benefits under the CRSC program for the period from December 2011 to April 2015, and he also wants to know if it was proper to withhold his VA disability compensation benefits due to a retired pay adjustment. The Board has ordered further action to review these issues.

The Board has remanded the claims for an initial rating in excess of 10 percent from October 29, 2018, to July 30, 2020, for service-connected low back disability; a rating in excess of 20 percent from July 30, 2020, to January 4, 2021, for service-connected low back disability; and an initial rating in excess of 40 percent from January 4, 2021, for service-connected low back disability. The claim for a rating in excess of 20 percent for LLE sciatic nerve radiculopathy is also remanded.

The Board has decided that the Veteran's claims for service connection for a low back disorder and right lower extremity radiculopathy need to be remanded due to inadequate examination in October 2014. A new examination is required to determine if his conditions were aggravated during service or are related to his period of service.

The Board denied service connection for right lower extremity femoral nerve radiculopathy as there is no current diagnosis of the condition. The issue of an initial increased rating in excess of 10 percent for degenerative arthritis of the spine and disc L5-S1 was remanded.

The Veteran is granted earlier effective dates of June 4, 2018 for radiculopathy of the left and right lower extremities.,The Veteran's claims for higher ratings for patellofemoral pain syndrome of the right knee and status post lumbar microdiscectomy are remanded due to inadequate examination reports.

The Veteran's right lower extremity sciatic radiculopathy and PTSD were granted service connection, while the respiratory disorder claim was denied. The reduction in rating for right lower extremity sciatic radiculopathy was improper and restored to its original level.

The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment prior to September 16, 2020.

The Veteran's appeal for increased ratings and service connection is REMANDED due to the need for additional examinations and development of records. The issues include LLE radiculopathy, an acquired psychiatric disorder, and TDIU.

The Board has remanded the claims for an updated VA examination to determine the current severity of the Veteran's service-connected right and left lower extremity sciatic radiculopathy. The effective dates for the awards of service connection remain unchanged.

The Board has dismissed the appeal because the appellant opted into the modernized appeals system and withdrew her legacy appeal by submitting a VA Form 10182, which challenged the effective dates for service connection and SMC.

The Veteran's degenerative arthritis of the lumbar spine with spondylolisthesis is currently rated at 40 percent, and a higher rating is denied.,The Veteran's left lower extremity radiculopathy has been rated at 40 percent since March 16, 2011, and 20 percent from January 27, 2015. The Board finds that the evidence does not support a higher rating for this condition.,The Veteran's right lower extremity radiculopathy has been rated at 10 percent since May 23, 2013, and 20 percent from January 27, 2015. The Board finds that the evidence does not support a higher rating for this condition.,The Veteran's service connection claims for bilateral foot disorder (secondary to service-connected left knee disorder and/or service-connected lumbar spine disorder) and right knee disorder (secondary to service-connected left knee disorder) are remanded.

The Veteran's appeal for higher ratings on several service-connected disabilities has been remanded due to the need for additional examinations and consideration of new evidence.,An earlier effective date claim for DEA benefits was dismissed as moot.

The Veteran's service-connected disabilities, including his thoracolumbar spine disability and multiple joint conditions, prevent him from obtaining and maintaining substantially gainful employment. The Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Veteran's claim for a higher rating for his lumbar spine disorder is granted, with a 40 percent rating effective July 18, 2022. The claim for bladder or bowel impairment secondary to the lumbar spine disorder remains pending.

The Veteran's claim for service connection for Traumatic Brain Injury (TBI) was denied. The Board found that there is no current TBI and the lay reports were not competent to establish the existence of a current disability. For the issue of total disability rating based upon individual unemployability due to service-connected disabilities prior to September 14, 2015, the Veteran's combined schedular disability rating did not meet the minimum requirements for consideration under 38 C.F.R. § 4.16(a). The Board found that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 14, 2015.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for back disability, right lower leg sciatica, and digestive disability are remanded due to incomplete development.

The Veteran's right sciatic nerve radiculopathy is currently rated at 20 percent, effective April 26, 2021. The Board has granted a higher rating of 20 percent for the period prior to September 1, 2020.,For the period prior to September 1, 2020, the Veteran's left sciatic nerve radiculopathy is rated at 10 percent. For the period beginning September 1, 2020, it is rated at 20 percent. The Board has remanded this issue for further development.,The Veteran's headaches are currently rated at 50 percent and no higher. The Board has remanded this issue as well.,All other issues have been resolved.

The Veteran's appeal is denied for an initial rating in excess of 10 percent for GERD. The effective dates assigned are correct.