Radiculopathy & sciatica decisions — 2023

The Board has remanded the claims for higher ratings for degenerative arthritis of the spine with IVDS and radiculopathy of the bilateral lower extremities due to insufficient reasons provided in the May 2022 decision.

The Board has ordered a remand for further development and evaluation of the Veteran's claims, including his vertigo and back disability claims. The issues are inextricably intertwined as the outcome of these claims may significantly impact other related claims.

The Veteran's service-connected disabilities have precluded substantially gainful employment consistent with his education and occupational experience, warranting a TDIU from March 29, 2016.

The Board has determined that the Veteran's claims for service connection for an acquired psychiatric disorder other than PTSD, a back disability, lower extremity radiculopathy, and OSA are remanded due to insufficient evidence. The claims will be reviewed again with additional medical opinions.

The Veteran's appeals for earlier effective dates for service-connected left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left lower extremity sciatic neuropathy, and right lower extremity sciatic neuropathy have been dismissed.,The Veteran's appeals for earlier effective dates for service-connected right lower extremity femoral neuropathy and left lower extremity femoral neuropathy have also been dismissed.,The Board has remanded the issues of higher ratings for service-connected left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left lower extremity sciatic neuropathy, right lower extremity sciatic neuropathy, right lower extremity femoral neuropathy, and left lower extremity femoral neuropathy.

The Veteran's radiculopathy affecting the left and right sciatic nerves was granted an increased rating to 80 percent effective from January 22, 2018, for complete paralysis of the left sciatic nerve, and October 1, 2020, for complete paralysis of the right sciatic nerve.

The Veteran's bilateral lower extremity diabetic peripheral neuropathy, specifically the femoral nerve, is now rated at 40 percent effective February 16, 2023.

The Veteran is not able to obtain or retain substantially gainful employment due to his service-connected disabilities from February 22, 2017.,Basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. chapter 35 from February 22, 2017 is granted.

The Veteran's lumbar spine disability is granted with a 40% rating, and his radiculopathy of the bilateral lower extremities is also granted. The TDIU claim is denied.

The Veteran's service-connected disabilities, including left lower extremity radiculopathy, left hip and knee DJD, and lumbar spine DJD, have rendered him unable to secure or follow substantially gainful employment since October 22, 2014.

The Veteran's service-connected low back degenerative joint disease, bilateral lower extremity radiculopathy, and posttraumatic stress disorder prevented him from securing or following substantially gainful employment from July 19, 2004 to October 10, 2004. The Board granted a TDIU on an extraschedular basis for this period.

The Board has determined that the Veteran's service-connected disabilities make it impossible for him to secure and follow a substantially gainful occupation, thus granting his claim for TDIU.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board denied a higher rating.,For the period prior to June 27, 2021, the Veteran's radiculopathy of the right lower extremity was rated at 10 percent, and for the period from June 27, 2021, it was rated at 20 percent. The Board denied higher ratings.,For the period prior to June 27, 2021, the Veteran's radiculopathy of the left lower extremity was rated at 10 percent, and for the period from June 27, 2021, it was rated at 20 percent. The Board denied higher ratings.

The Veteran's service-connected lumbar spine disability is granted a 40 percent rating, but no higher, for the period prior to June 10, 2019. The Veteran's service-connected radiculopathy of the right and left lower extremities are each denied ratings in excess of 20 percent.

The Board has remanded the case due to the need for a VA examination to determine the nature and etiology of the Veteran's neck condition, including whether it is related to service or aggravated by Gulf War exposures. The examiner must consider all applicable deployments and toxic exposure risk activities.

The Veteran's claim for an earlier effective date for the grant of service connection for residuals of fracture of the 7th cervical vertebrae and radiculopathy, left upper extremity is denied.,There is no evidence showing that a disability increase occurred within one year prior to March 12, 2018.

The Board has granted service connection for lumbar radiculopathy, sciatica, and left lower extremity neuritis. The other issues have been remanded for further evaluation.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's left lower extremity radiculopathy, which is secondary to his service-connected lumbar spine degenerative disc disease.

The Veteran's service-connected disabilities, including depressive disorder, lumbar spine degenerative disc disease, right temporomandibular joint disorder, left sciatic radiculopathy, and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment due to his functional limitations.

The Board has determined that the Veteran's Substantive Appeal was timely filed, allowing him to continue pursuing his claims for increased ratings and earlier effective dates for various conditions.