Radiculopathy & sciatica decisions — 2023

The Veteran's appeal for hypertension has been withdrawn. The Board finds that the evidence does not support a diagnosis of an acquired psychiatric disorder, and thus service connection is denied.,Service connection for an acquired psychiatric disorder (mood disorder) is denied as there is no persuasive evidence of such a condition during or proximate to the pendency of the appeal period.

The Veteran's left and right lower extremity radiculopathy and diabetic peripheral neuropathy are currently rated at 20 percent, which is the maximum rating available under VA regulations.

The Veteran's lumbar spine disability, including lumbosacral strain and intervertebral disc syndrome, is related to her active service.,The Board finds that the Veteran's bilateral lower extremity radiculopathy is secondary to her now service-connected lumbar spine disability.

The Board has granted effective dates of July 1, 2016 for the service connection of tinnitus, bilateral hearing loss, low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, linear scar from hernia surgery, adjustment disorder with mixed anxiety and depression, migraine headaches, epididymitis, and residual scar from hernia operation.

The Veteran's lumbosacral strain and sciatic nerve damage of the right lower extremity are granted service connection. His cervical strain, as well as his radicular nerve damage in both upper extremities, are denied.

The Board denied the Veteran's claims for service connection for sciatic nerve disability, cervical spine disability, and lumbar spine disability due to lack of a current diagnosis and insufficient evidence linking these disabilities to service.

The Veteran's claim for a rating in excess of 10 percent for residuals of left leg injury, to include degenerative arthritis is denied.,The Veteran's earlier effective date claim for residuals of left leg injury, to include degenerative arthritis is denied.,Service connection for incomplete paralysis of the sciatic nerve (left lower extremity peripheral neuropathy) is remanded.

The Veteran's claims for earlier effective dates and increased ratings were denied. The Board found that the earliest date available was June 16, 2014, when the Veteran first filed a claim to reopen his service connection for low back disability.,For the period prior to June 28, 2019, the Veteran's low back disability was rated at 10 percent. From June 28, 2019 to March 12, 2020, it was rated at 40 percent.

The Veteran's RLE radiculopathy is currently rated at 10 percent, and his LLE radiculopathy is also rated at 10 percent. The Board has denied a higher rating for both conditions prior to February 6, 2019, but granted TDIU for the period beginning May 1, 2014.

All claims for increased ratings are granted. Effective January 13, 2016, the Veteran is granted service connection for left lower extremity radiculopathy and a rating of 70 percent for TBI. Ratings of 30 percent are granted for right and left lower extremity radiculopathy with femoral nerve involvement effective November 29, 2021. The Veteran's PTSD is rated as 30 percent prior to May 30, 2023, and 50 percent from that date.

The Board has decided to remand the cases for additional consideration due to incomplete records and the need for an updated VA examination.

The Board has remanded the claims for further development, including obtaining medical records and scheduling a VA examination to address the etiology of the Veteran's neck disorder and radiculopathy. The effective dates for increased ratings are not being granted as they do not meet the criteria.

The Board has dismissed the appeals for left lower extremity radiculopathy, gastroesophageal reflux disease (GERD), and headaches as they have been granted in full by the RO.

The Veteran's low back disability is rated at 40 percent, effective January 21, 2020. The radiculopathy of the right lower extremity remains under review.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, but no higher. The Board finds the evidence in approximate balance and grants a 20 percent rating for this condition.

The Board denied earlier effective dates for the grant of service connection for left lower extremity radiculopathy, sciatic and femoral nerves.,Service connection was restored for missing teeth numbers 8 and 9 due to dental trauma.

The Veteran's claim for PCAFC benefits was remanded due to inadequate notice and the need for clarification of which criteria were unmet. The Board found that his combined rating is more than 70 percent, but the decisions did not clearly indicate which requirements were met or unmet.

The Board denied the Veteran's claim for TDIU prior to September 30, 2020, finding that his service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's right hip disability and radiculopathy. The VA examiner was directed to identify all hip disabilities found during the appeal period, including radiculopathy, and opine whether it is at least as likely as not that the Veteran's right hip disability began in or is otherwise caused by his active service.

The Veteran's claim for a higher rating and TDIU prior to March 7, 2013 is being remanded due to insufficient evidence regarding the severity of his lumbar spine disability.