Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment prior to November 2, 2021. The Board granted an extraschedular TDIU effective October 7, 2014.

The Board has granted service connection for an acquired psychiatric disorder, including PTSD, adjustment disorder with anxiety, and alcohol use disorder.,Service connection was also granted for a low back disability (DJD) and left arm disabilities (AC joint DJD, shoulder tendonitis, C5 radiculopathy, and bilateral carpal tunnel syndrome).,Right carpal tunnel syndrome was also granted service connection.

The Board has remanded the Veteran's claims for increased ratings for lumbar spine disability, right and left lower extremity radiculopathy affecting the sciatic nerve due to inadequate examinations and need for additional medical opinions.

The Veteran's service connection claims for various disabilities, including back, neck, knee, shoulder, and esophageal conditions, have been granted. The issues of service connection for a left knee meniscal tear, right hand disability, left hand disability, fatigue (undiagnosed illness), and memory loss (undiagnosed illness) are remanded.

The Veteran's claim for a higher rating for lower left extremity radiculopathy with sciatic nerve impairment is denied as the evidence does not support a finding of severe incomplete or complete paralysis.

The Board has remanded the claims for further development due to conflicting medical opinions regarding whether the Veteran's service-connected ankle disorders caused or aggravated his thoracolumbar spine disorder and lower extremity radiculopathy. The case will be reviewed after obtaining additional VA medical opinions.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional development, including obtaining SSA records.

The Veteran's claims for service connection for radiculopathy of the bilateral lower extremities have been dismissed.,The Veteran's claim for service connection for chronic fatigue syndrome has been denied, as his reports are linked to sleep apnea and a service-connected psychiatric disability.,The Veteran's claim for service connection for sleep apnea has been granted.,The Veteran's neck disability (cervical spondylosis with myelopathy) is considered service connected.,The Veteran's radiculopathies of the upper extremities are also considered service connected.,New and material evidence was received to reopen the claim for service connection for a right shoulder disability, which is granted in part.,Other claims remain pending and will be remanded.

The Veteran's degenerative disc disease with lumbar spondylosis and spondylolisthesis is rated at 20 percent, but the evidence does not support a higher rating.,Both right and left lower extremity radiculopathy are currently rated at 20 percent.

The Board has determined that additional development is necessary before the claims for higher initial disability ratings and TDIU can be adjudicated on the merits. Specifically, an addendum opinion from a clinician with expertise in neurology is needed to address whether previous diagnoses of mild incomplete paralysis of certain nerves are currently asymptomatic or misdiagnoses.

The Board has determined that the Veteran's thoracolumbar spine disability and left lower extremity radiculopathy are secondary to his service-connected left knee disability, granting service connection for these conditions.

The Veteran's initial ratings for right and left upper extremity radiculopathy have been increased, but the Board finds that additional evidence is needed to determine the current severity of his conditions. The case is being remanded to obtain updated VA treatment records and an examination of the peripheral nerves.

The Veteran's service connection for tinnitus is granted.,For the period prior to April 8, 2017, a rating in excess of 20 percent for lumbar DDD L5-S1 is denied. From April 8, 2017, a 40 percent rating is granted and a separate 20 percent rating is granted for each lower extremity radiculopathy.,The Veteran's right knee chondromalacia patella and meniscus residuals are rated at the noncompensable level. The scars on his knees and feet are also rated as noncompensable.,Service connection for PTSD is granted with an initial 50 percent rating, but not higher.

The Veteran's appeals for increased ratings of 20 percent and 10 percent for right lower extremity neuropathy (sciatic) and right knee strain, respectively, have been dismissed as the Veteran withdrew his appeal in October 2020.

The Board denied service connection for a cervical spine condition as secondary to the Veteran's service-connected lumbar spine disability due to lack of causal relationship between the conditions.

The Veteran's claim for service connection for obesity is denied.,Service connection for a left knee disorder was granted with an effective date of November 6, 2017. The earlier effective date prior to November 6, 2017 is denied.

The Veteran's cervical spine disability with left upper extremity radiculopathy is granted as service connected due to in-service combat exposure and heavy use of combat gear.

The Board has remanded the case for further development, including obtaining VA and private treatment records related to the Veteran's service-connected disabilities. The claim of TDIU is dependent on the impact of these conditions on the Veteran's ability to obtain or retain substantially gainful employment.

The Board has remanded the claims of service connection for cervical strain and bilateral cervical radiculopathy due to insufficient medical opinions regarding their etiology. The Veteran is required to provide additional evidence or undergo a VA examination.

The Veteran's appeal is remanded for additional development regarding service connection for left upper extremity peripheral nerve disability and right carpal tunnel syndrome. The current rating decision grants a 50 percent rating for PTSD, but the issues of service connection remain pending.