Radiculopathy & sciatica decisions — 2023

The Veteran's low back disability and associated lower extremity radicular symptoms are currently rated at 10 percent prior to June 1, 2014, and 40 percent from July 17, 2014. The Board has found that higher ratings are not warranted for either period.,The Veteran's right and left lower extremity radicular symptoms have been rated at 10 percent prior to March 6, 2013, and 20 percent since then. The Board has also found that higher ratings are not warranted for these periods.

The Board has granted increased ratings of 40 percent for radiculopathy of the right and left lower extremities, but has remanded the issues regarding bilateral femoral neuritis and service connection for this condition.

The Veteran's right upper extremity radiculopathy was granted a disability rating of 40 percent from December 21, 2007 to January 9, 2013 and from April 21, 2015 to February 6, 2018.,The Veteran's right upper extremity radiculopathy was granted a disability rating of 40 percent from January 8, 2019.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history prior to July 24, 2017. Therefore, entitlement to a TDIU prior to that date is denied.

The Veteran's claims for increased ratings for lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded due to inadequate examination reports. The TDIU claim is also remanded as the employment history is unclear.

The Board has determined that the VA examinations for the Veteran's back disability and right sciatic nerve neuropathy are inadequate, requiring further examination to determine the current severity of these conditions.

The Board has determined that the RO did not substantially comply with the remand instructions and has therefore ordered further examination of the Veteran's low back, bilateral lower extremity radicular, and surgical scar disabilities.

The Board has remanded several issues for further development, including rating higher than 20 percent for low back disability, cervical spine disability, left upper extremity radiculopathy, and cystic acne; service connection for thyroid disability secondary to cystic acne; and total disability rating based on individual unemployability.

The Board has remanded the cases for a new VA examination to assess the severity of symptoms for right lower extremity radiculopathy. The TDIU claim is also being remanded as it is inextricably intertwined with the claims for higher evaluations.

The Veteran's claims for increased ratings were denied as the evidence did not support a higher rating under the applicable criteria.

The Board has remanded the appeal due to insufficient evidence and scheduling issues, including a missed VA examination. The Veteran's low back disability severity needs to be reassessed, along with any neurological or radiculopathy conditions.

The Board has determined that new VA examinations are needed to determine the etiology of the Veteran's claimed disabilities, as the previous opinions were based on a lack of evidence in the service treatment records and did not adequately consider the Veteran's lay statements regarding his symptoms during service.

The Veteran's appeal is remanded for additional examinations and development of his TDIU claim. The issues of rating in excess of 50 percent for major depressive disorder, rating in excess of 40 percent for right upper extremity radiculopathy, and rating in excess of 30 percent for neck disability are also remanded.

The Board has vacated its January 2022 decision, which denied increased ratings for the Veteran's low back disability and right lower extremity nerves. The issues of increased ratings for sciatic radiculopathy and femoral radiculopathy are remanded. A compensable rating for a surgical scar on the back is also remanded.

The Veteran's service-connected disabilities have not rendered him incapable of securing or following a substantially gainful occupation prior to August 29, 2012.

The Board has remanded the Veteran's claims for increased ratings due to inadequate examination reports and potential worsening of symptoms. The Veteran is seeking higher ratings for his service-connected neck disability and left lower extremity radiculopathy.

The Veteran's cervical spine fusion is granted with a 30 percent evaluation prior to June 3, 2022. The increased evaluations for the right upper extremity radiculopathy and SMC based on aid and attendance or housebound status are denied.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the issue of service connection for scoliosis of the lumbar spine and spinal stenosis (including sciatica).

The Veteran's service-connected back impairment, left shoulder impairment, right lower extremity radiculopathy, and left lower extremity radiculopathy preclude him from engaging in substantially gainful employment as a heavy equipment operator since May 18, 2010.

The Veteran's claim for SMC at the housebound rate is granted, effective August 5, 2013. The decision also includes a finding of TDIU based on her back disability.