Radiculopathy & sciatica decisions — 2023

The Board denied the Veteran's claim for service connection for the cause of his death, finding that no service-connected disability was either the principal or a contributory cause of his death. The appeal for DIC benefits under 38 U.S.C. § 1318 was also denied as the Veteran did not meet the criteria for receiving such benefits.

The Veteran's radiculopathy of the left lower extremity was granted a 40% rating beginning July 8, 2013. The Board denied a higher rating from December 28, 2010 to July 7, 2013.

The Veteran's kidney stones are rated at 30 percent, the maximum rating available under Diagnostic Code 7508.,The Veteran's low back disability is currently rated at 20 percent. The evidence does not support a higher rating as forward flexion was to 65 degrees with no favorable ankylosis.,Left lower extremity radiculopathy in the sciatic nerve is rated at 10 percent, and right lower extremity radiculopathy in the sciatic nerve is also rated at 10 percent. Both are currently rated as they should be based on the current findings.,Beginning August 7, 2017, left lower extremity radiculopathy in the femoral nerve was granted a separate 10 percent rating and right lower extremity radiculopathy in the femoral nerve was also granted a separate 10 percent rating.

The Veteran's claims for increased ratings and service connection have been denied. The RO granted TDIU from March 29, 2018 to October 27, 2022.

The Veteran's left lumbar radiculopathy is granted a 40 percent rating effective June 16, 2017. The appeal for higher ratings was denied.

The Board denied the Veteran's claim for service connection for sciatica of the left lower extremity, finding no current disability and insufficient evidence to support a diagnosis or link to service.

The Veteran's claims for increased ratings of his back disability, right and left lower extremity radiculopathy are being remanded due to the need for additional development.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's right hip disability is secondary to his service-connected bilateral knee conditions, bilateral radiculopathy of the lower extremities, left foot bunion and/or right foot bunionectomy residuals. The Veteran will need to provide information about any healthcare providers who have treated him for this condition.

The Veteran's claim for PTSD was reopened, and service connection is granted.,Service connection is granted for an acquired psychiatric disability (including PTSD and bipolar disorder), with aggravation by service-connected conditions.,A rating in excess of 20 percent for lumbar spine disability is denied.,Initial ratings in excess of 20 percent for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,A rating in excess of 10 percent for right hip disability is denied.,The Veteran's claims for neck, seizure, and TDIU disabilities are remanded.,No effective date provided as the decision pertains to current service connection status.

The Board has remanded the Veteran's claims for higher ratings for cervical spine strain with IVDS, lumbosacral strain with IVDS, and right upper extremity radiculopathy due to incomplete medical records.

The Veteran's TDIU claim is denied as he had a substantially gainful employment prior to October 29, 2015 and the evidence does not substantiate a reasonable possibility that he was unemployable due to his service-connected disabilities.

The Veteran's lumbar spine disability and associated radiculopathy are rated at 20 percent, effective January 16, 2010. The Board finds that the combined rating for these conditions is sufficient to meet the criteria for a TDIU prior to November 1, 2012.

The Veteran's service-connected disabilities, including COPD and multiple joint and back conditions, have rendered him unable to secure or maintain substantially gainful employment since June 23, 2013. The Board has granted a TDIU for this period.

The Board has remanded several issues for additional development, including service connection for an acquired psychiatric disability and increased evaluations for right knee and back disabilities.

The Board has remanded the case for further development due to inconsistencies in the examination findings and need for clarification on functional loss during flare-ups. The Veteran's back condition and bilateral lower extremity radiculopathy are being evaluated again.

The Veteran's sinusitis is granted service connection. His bilateral foot disability, including hallux valgus and plantar fasciitis, is not related to his service-connected knee disability or any other in-service injury. The cervical spine disability is denied as there is no nexus between the current condition and service. The upper extremity radiculopathy is also denied due to lack of a direct connection.

The Veteran's claims for a rating in excess of 20 percent for radiculopathy of the right and left lower extremities have been denied.,A 20 percent rating has been granted for thoracolumbar spine strain prior to March 1, 2017.

The Board has determined that the Veteran's claims for increased ratings and service connection are inextricably intertwined with his claim for a rating increase for his back disability. Therefore, these issues have been remanded to allow for further development.

The Veteran's increased symptoms in his lower back are attributable to a non-service connected lower back disability, and the Board finds that a rating in excess of 10 percent for service-connected low back strain is not warranted.

The Veteran's cervical spine disability is rated at 10 percent, and her radiculopathy of the left lower extremity is also rated at 10 percent.,Both conditions are denied as they do not meet the criteria for a higher rating.