Radiculopathy & sciatica decisions — 2023

The Veteran's claim for an initial compensable rating for chronic sinusitis has been denied as his symptoms do not meet the criteria for a higher rating.,Service connection for diabetes mellitus, type II and bilateral peripheral neuropathy of the legs is remanded due to insufficient evidence regarding exposure to herbicides or service connection on other grounds.

The Veteran's cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity have been granted initial ratings. The Veteran has also been granted a total disability rating based on individual unemployability.

The Veteran's PTSD was granted a 100% evaluation from October 4, 2017 to January 30, 2018.,An effective date of October 4, 2017 for the increased evaluation of PTSD is granted.

The Veteran's back disability is granted a 40 percent rating effective August 26, 2022. The left lower extremity radiculopathy is granted a 20 percent rating effective August 26, 2022.

The Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected back and heart disabilities from August 25, 2014, to March 21, 2016.

The Veteran's right and left lower extremity sciatic nerve neuropathy associated with diabetes mellitus are each currently rated at 20 percent, which is the maximum rating under Diagnostic Code 8520. The Board has remanded these claims for further development.

The Board has denied the Veteran's claims for service connection for left wrist and lumbar spine disabilities, finding that there is no credible evidence linking these conditions to his military service.

The Board has granted earlier effective dates for service connection of right and left lower extremity radiculopathy, as well as a 60% rating for the lumbar spine disability. The TDIU claim is also granted.,The effective date for these benefits is set at October 3, 2001, which is earlier than when the Veteran first claimed service connection.

The Veteran's tinnitus and left lower extremity radiculopathy are granted service connection. The Veteran is also granted a disability rating in excess of 10 percent for his right lower extremity radiculopathy, degenerative disc disease of the lumbar spine, and anxiety disorder.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee, left knee, cervical spine disorder, CFS, right fingers, left fingers, right hip, left hip, lumbar spine disorder, right wrist, left wrist, left leg, right shoulder, left lower extremity sciatic nerve disorder, burns of the right tibia/fibula, and GERD disorders due to incomplete service treatment records and lack of confirmation of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Board has determined that remand is required for the Veteran's lumbar spine and left lower extremity radiculopathy claims due to inadequate medical opinions. The Veteran will need additional VA examinations to address his current disability status, functional loss during flare-ups, and whether his service-connected conditions have aggravated or caused his claimed disabilities.

The Veteran's right and left lower extremity radiculopathy have been granted a rating of 40 percent, effective from October 22, 2020. The decision also includes granting TDIU.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to September 20, 2013.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues related to his lumbar spine disability, right lower extremity radiculopathy, and unemployability. The appeal is now pending again with the Board.

The Veteran was awarded a 10% rating for DDD of the lumbosacral spine effective August 16, 2018. However, he did not receive proper notice of a scheduled VA examination in June 2000 and his service connection claim is still pending.

The Veteran's bilateral lower extremity sciatic radiculopathy has been granted initial ratings of 40 percent, effective from May 27, 2010 and January 5, 2013. The rating for the lumbar spine disability remains denied.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and radiculopathy in all four extremities, prevented him from securing and following substantially gainful employment. The Board granted TDIU on an accrued benefits basis.

The Veteran's service-connected disabilities rendered him in need of regular aid and attendance, which is now granted for special monthly compensation (SMC).

The Veteran's appeal is remanded for further evaluation of his thoracolumbar spine disability and related nerve radiculopathy issues.

The Board has granted service connection for low back disability, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy. These conditions are deemed to have had their onset in service.