Radiculopathy & sciatica decisions — 2023

The Board has decided to remand the case due to a lack of an adequate VA examination for right upper extremity radiculopathy. The Veteran is seeking service connection for this condition, and additional evidence is needed to determine if it is related to his military service or any other relevant factors.

The Board denied service connection for a respiratory disability, including chronic bronchitis, as the evidence did not show that it began during or was related to active duty.,Service connection for left knee degenerative joint disease status post meniscal tear was also denied because there is no evidence showing that the condition began during or was related to active duty.

The Veteran's right and left lower extremity femoral radiculopathy have been granted a 20 percent rating, effective July 29, 2015.,A separate issue of entitlement to an initial rating in excess of 10 percent for a left wrist disability is remanded.

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis and right lower extremity radiculopathy are being remanded due to the need for additional VA examinations.

The Board denied the Veteran's claims for earlier effective dates and increased ratings for lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective dates were not granted earlier than July 25, 2016, as there was no indication of a claim prior to that date. Increased ratings were also denied.

The Veteran's right ankle disability, back disability, left lower extremity radiculopathy of the femoral nerve, and left lower extremity sciatic nerve radiculopathy have all been denied as they do not warrant a higher rating under applicable VA regulations.,A compensable rating for left ear hearing loss has also been denied.

The Veteran's low back disability is rated at 10 percent, and the Board denied an increased rating. The TDIU claim was granted.,The Veteran meets the criteria for a total disability rating based on individual unemployability due to her service-connected disabilities.

The Veteran's claims for right ear hearing loss, diabetes mellitus, and bilateral lower extremity radiculopathy were denied. The claim for tinnitus was not granted as higher than 10 percent.,PTSD was rated at the highest possible level (70 percent) prior to July 16, 2020, and TDIU was granted.

The appeal seeking an increased rating for right lower extremity radiculopathy is dismissed.,Service connection for a bilateral foot disability is denied.,A rating in excess of 20 percent for the cervical spine disability is denied.

The Veteran's service-connected disabilities caused an inability to secure or follow substantially gainful employment prior to May 11, 2017. The Board found that the evidence showed he was unable to work due to his lumbar spine degenerative arthritis and other conditions.

The Veteran's claims for increased ratings for thoracolumbar disability and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to a decision being made.,An increased rating of 70 percent has been granted for the Veteran's adjustment disorder with mixed anxiety and depressed mood.

The Veteran's radiculopathy of the sciatic nerve is granted with initial ratings and remanded for further evaluation.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience throughout the period on appeal.

The Board has remanded the Veteran's claims for a new VA examination to determine the current severity of his left sciatic nerve disability and its impact on his bilateral post-herpetic pain syndrome.

The Veteran's claims for increased ratings and separate compensable ratings are being remanded due to the need for further development of the evidence.

The Veteran's migraine headaches are rated at a maximum of 50% since April 17, 2018, based on very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran is also granted entitlement to TDIU due to his service-connected disabilities rendering him unable to work in any substantially gainful capacity.

The Veteran's ratings for paralysis of the left sciatic nerve, right sciatic nerve, and left femoral nerve are denied as they do not meet the criteria for higher ratings.,The Veteran's radiculopathy conditions have been rated based on their severity under the appropriate diagnostic codes.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining a substantially gainful occupation prior to April 1, 2013.

The Board has remanded the Veteran's claims for service connection for a TBI, an increased rating for left lower extremity radiculopathy, and a TDIU claim due to unresolved issues regarding the nature and etiology of his symptoms. The Veteran is requested to provide medical records related to his November 1976 motor vehicle accident and treatment at Lutheran Hospital.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's radiculopathy of bilateral lower extremities. The AOJ must obtain a VA medical opinion to determine if the Veteran's symptoms are related to his active service, whether they are caused by or aggravated by his thoracolumbar spine disability, and if they are manifestations of his fibromyalgia.