Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected conditions have been granted initial disability ratings, with the exception of intervertebral disc syndrome with sacroiliac strain and degenerative arthritis, which has been increased to 40 percent effective June 16, 2021. The remaining conditions have received initial disability ratings ranging from 10 to 40 percent.

The Veteran's lumbar spine, cervical spine, right knee, and bilateral upper extremity radiculopathy disabilities are not service-connected.,The Veteran's right shoulder disability is also not service-connected.

The Veteran's femoral nerve radiculopathy of the left lower extremity is granted a 20 percent disability rating, effective March 8, 2023. The Veteran's sciatic nerve radiculopathy of the left lower extremity remains at a 10 percent disability rating.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as his PTSD is productive of a great degree of disability but does not prevent him from securing and following substantially gainful employment.

The Veteran's right and left lower extremity radiculopathy have been granted separate 20 percent ratings since January 30, 2013. A TDIU has also been granted from October 28, 2012.

The Board has remanded the Veteran's claims for service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and invertebral disc syndrome due to inadequate examination reports.

The Board has remanded the Veteran's TDIU claim for referral to the Director of Compensation Service due to insufficient discussion in the June 2021 decision regarding his service-connected disabilities and their impact on employment.

The Board has remanded several issues related to the appellant's service-connected disabilities, including increased ratings for lumbar spine disability and lower extremity radiculopathy.,No effective date is assigned as the claims are being remanded.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient medical opinions regarding the etiology of his lower back and leg conditions, as well as the relationship between his coccyx fracture and these conditions.

The Veteran's claims for service connection have been remanded due to insufficient examination and opinion regarding the nature and etiology of his acquired psychiatric condition, asthma, and bilateral leg cramps. The issues are being returned to the Board for further development.

The Board denied the Veteran's claim for SMC based on the need for aid and attendance/housebound status due to his service-connected disabilities, finding that he does not require regular aid and assistance.

The Board has determined that the Veteran's low back condition is related to his active military service and grants service connection for this condition.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's back pain and related conditions began during his military service.

The Board denied a rating in excess of 20 percent for left lower extremity radiculopathy from August 10, 2019. The Board granted service connection for sleep apnea on the basis that it was aggravated by medications used to treat the Veteran's service-connected psychiatric conditions.

The Veteran's service-connected low back disability and radiculopathy of the bilateral lower extremities prevented him from obtaining or maintaining substantially gainful employment consistent with his work experience, skills, vocational training, and educational background from January 30, 2009 to October 6, 2021.

The Veteran's appeal for a higher combined rating in excess of 90 percent, effective from July 19, 2017, is denied. The AOJ's December 2017 rating decision correctly calculated the combined total rating as 90 percent.

The Board has determined that the Veteran's bilateral lower extremity radiculopathy and sciatic nerve condition are related to an in-service fall, granting service connection for these conditions.

The Board denied service connection for radiculopathy of the right and left upper extremities due to a lack of evidence showing current disabilities during the appeal period.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and thoracolumbar spine degenerative disc disease with intervertebral disc syndrome are being remanded due to the need to obtain updated VA and private treatment records.

The Veteran's TDIU claim from January 14, 2011, to February 22, 2018, is granted based on his service-connected right knee disability, right shoulder disability, lumbar spine disability, and radiculopathy of the left lower extremity.