Radiculopathy & sciatica decisions — 2023

The Board has remanded the cases for further development due to the Veteran's failure to appear for VA examinations related to his service-connected lumbar spine disability and acquired psychiatric disorder.

The Veteran's claims for higher ratings related to her service-connected right knee strain, instability, IVDS, and radiculopathy are being remanded due to the RO not substantially complying with previous Board remand directives.

The Veteran's service-connected conditions, including ischemic heart disease, lumbosacral strain, and peripheral neuropathy of the lower extremities, prevented him from securing or maintaining substantially gainful employment.

The Veteran's neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy are currently rated at the maximum allowable under VA regulations. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has remanded the claims for service connection due to incomplete records and need for additional medical opinions regarding the Veteran's back condition, radiculopathy, and skin condition.

The Veteran's petition to reopen the claim of service connection for major depressive disorder was granted, and he is now entitled to a disability rating. The effective date for this grant is not specified.

The Board has determined that additional development is needed before the remaining claims can be decided. The case will be returned to the AOJ for further action.

The Veteran's claims for increased ratings are being remanded due to the need for additional VA examinations to assess the severity of his service-connected disabilities.,The Veteran is also facing a TDIU claim that is being remanded as well.

The Veteran is granted a TDIU and SMC at the housebound rate due to service-connected disabilities.

The Board has granted a disability rating of 40 percent for left lower extremity (LLE) sciatic nerve radiculopathy effective October 24, 1995.,The Board denied an increased rating above 20 percent for right lower extremity sciatic nerve radiculopathy.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining a substantially gainful occupation during the period on appeal.

The Veteran's neck disability is granted a 20% rating, effective December 7, 2022.,The Veteran's right upper extremity radiculopathy is granted a 20% rating, effective December 7, 2022.,The Veteran's left upper extremity radiculopathy is granted a 20% rating, effective December 7, 2022.

Service connection is granted for PTSD, bilateral foot disability, and TBI. Service connection remains pending for cardiac disability, liver disability, spleen disability, lumbar spine disability, and right and left lower extremity radiculopathy.

The Veteran's service-connected radiculopathy of the bilateral lower extremities was rated as 20 percent disabling for more than five years. The VA Regional Office improperly reduced each rating to 10 percent, effective February 1, 2019. The Board has restored the 20 percent ratings and remanded the cases for further development.

The Veteran's service-connected right knee femoral nerve and sciatic nerve disabilities have been granted effective from November 5, 2010.,Effective dates for the respective grants of benefits are set at November 5, 2010.

The Veteran's claim for a TDIU is dismissed as moot due to the award of a combined 100 percent evaluation. The issue of an evaluation in excess of 70 percent for PTSD and depressive disorder with a major depressive episode and anxious distress due to chronic pain disorder is remanded.

The Veteran's sciatic nerve radiculopathy of the left and right legs has been granted an initial 60 percent rating.

The Board has remanded the Veteran's claims for spine condition and sciatica due to insufficient medical evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.

The Veteran's cervical spine disability and bilateral upper extremity radiculopathy were denied service connection as they did not originate in service or are otherwise etiologically related to his active service.,Service connection was also denied for the Veteran's obesity, which he claimed caused or aggravated his musculoskeletal conditions.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of the appeals for service connection and disability rating.