Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for higher ratings for degenerative disc disease (DDD) at L4/L5/S1 with intervertebral disc syndrome, radiculopathy of the left lower extremity, and residuals of the right foot status post-hammertoe correction due to new evidence and updated examinations.

The Veteran's migraines, radiculopathy of the left lower extremity (claimed as sciatica), and radiculopathy of the right lower extremity (claimed as sciatica) are all granted service connection. The Board found that these conditions began during or were aggravated by service.

The Veteran's tinnitus was granted service connection. The Board found the evidence in equipoise as to whether his degenerative disease of the lumbar spine with a history of herniated nucleus pulposus, status post L4 and L5, S1 laminectomy and L4-L5 discectomy warranted an increased rating. His left and right lower extremity radiculopathy were remanded for further evaluation.

The Board has denied the Veteran's claims for service connection for eye disorders, left ankle disorders, lumbar spine disorders, and sciatica of the left lower extremity. The appeals are remanded for further examination to determine if a current acquired psychiatric disorder is related to service.

Prior to September 21, 2021, the Veteran's right lower extremity radiculopathy was rated at 40 percent.,From September 21, 2021, an increased disability rating for the Veteran's right lower extremity radiculopathy is denied.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine prior to June 6, 2022 was denied. The claims for right leg radiculopathy and right knee conditions were partially granted with some issues still denied.

The Board denied service connection for radicular symptoms of the upper extremities, hypertension (claimed as blood clot condition and varicocele), and erectile dysfunction due to lack of evidence linking these conditions to service or service-connected disabilities.,A disability rating in excess of 20 percent was also denied for right lower extremity neuropathy and left lower extremity neuropathy.

The Board has remanded the Veteran's claims for cervical spine DDD, left upper extremity radiculopathy, and right upper extremity radiculopathy due to inadequate examination reports and new evidence.

The Board has remanded the Veteran's claims for lower back disability, left and right lower extremity radiculopathy due to outstanding medical records and VA medical opinions.

The Board has dismissed the appeals for earlier effective dates and increased ratings as the Veteran timely opted into the modernized appeals process under the Appeals Modernization Act (AMA). The claims of service connection for PTSD, low back disability, TBI, and peripheral neuropathy have been granted in full.

The Board has remanded the Veteran's claims for increased ratings for his service-connected degenerative disc disease with IVDS of the thoracolumbar spine and associated lower extremity radiculopathies due to issues related to the adequacy of medical examinations and whether the Board had jurisdiction over the radiculopathy rating issues.

The Veteran's lumbosacral strain disability was rated at 10 percent prior to January 4, 2023 and increased to 20 percent from that date.,The Veteran's right lower extremity radiculopathy was rated at 10 percent prior to January 4, 2023 and increased to 20 percent from that date.,The Veteran's left lower extremity radiculopathy was rated at 10 percent from January 4, 2023.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current symptoms are related to his in-service injury and subsequent treatment.

The Board has dismissed all appeals regarding ratings for various types of peripheral neuropathy as the Veteran died during the appeal process.

The Veteran's service-connected disabilities, including his cervical spine and knee injuries, are found to have contributed substantially or materially to cause the Veteran's death. As a result, DIC benefits based on service connection for the cause of the Veteran's death are granted.

The Veteran's service-connected lumbar spine DDD, right lower extremity neuropathy and radiculopathy, and right hip DJD are all granted with specific disability ratings. The TDIU is also granted from March 20, 2016 to October 4, 2016.

The Board has determined that new and material evidence has been received sufficient to reopen the claim for service connection of a low back condition. The claims for service connection of right shoulder, right hand carpal tunnel, and sciatica conditions are being remanded due to the need for additional medical opinions.

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the inadequacy of a previous VA examination. The new examination must address whether the right hip disability is related to the lumbar spine disability, distinguish between intrinsic impairment from other causes, and determine the total duration of incapacitating episodes during the past 12 months.

The Board granted the Veteran's claim for an earlier effective date of September 1, 2009, for right lower extremity radiculopathy (sciatic nerve). The claims for increased ratings and earlier effective dates were denied.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and bilateral lower extremity radiculopathy, rendered him unable to secure or maintain a substantially gainful occupation from February 22, 2011 to January 31, 2012. The Board granted entitlement to a TDIU rating on an extraschedular basis for this period.