Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar and cervical spine disabilities, as well as right upper extremity radiculopathy. The reasons include inadequate examinations that did not consider flare-ups or intervertebral disc syndrome prior to December 13, 2021, and a need for another VA examination to assess the current severity of his service-connected lumbar and cervical spine disabilities.

The Veteran's LLE radiculopathy is granted with a 40 percent disability rating. The Veteran's degenerative arthritis of the spine to include IVDS and TDIU prior to June 13, 2021 are both remanded for further development.

The Board denied service connection for various conditions, including bilateral tinea pedis, cervical spine condition, hypertension, headaches, hemorrhoids, OSA, sciatica of the right and left lower extremities. The Veteran's claims were remanded but not fully resolved.

The Board has remanded the case due to an inadequate opinion regarding the etiology of the Veteran's right elbow disability. The claim will be reconsidered after obtaining additional evidence and a new VA examination.

The Board has found that additional development is needed for the Veteran's claims, including a new medical examination to evaluate his back and lower extremity radiculopathy conditions. The Veteran seeks higher ratings for these service-connected disabilities.

The Veteran's service-connected disabilities render him unable to obtain and/or maintain substantially gainful employment, warranting a TDIU on an extraschedular basis. The need for SMC based on the need for regular aid and attendance of another person is also warranted due to his service-connected disabilities.

The Veteran's back disability, right lower extremity radiculopathy affecting the sciatic nerve, and right lower extremity radiculopathy affecting the femoral nerve have been granted initial ratings of 40%, 60%, and 30% respectively, effective August 12, 2013. The left lower extremity radiculopathy affecting the sciatic nerve and the left lower extremity radiculopathy affecting the femoral nerve are denied.

The Board has remanded the claims for service connection for low back disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to conflicting opinions regarding their etiology.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy. Service connection for a mental health disorder (GAD and PTSD) is remanded due to the need for verification of in-service stressors.

The Board has remanded the Veteran's claims for service connection due to conflicting opinions regarding whether his PTSD caused or aggravated his tobacco use and obesity, which in turn may have contributed to his claimed disabilities. The case is being returned for further development.

The Board has found that the Veteran's scoliosis of the thoracolumbar spine with strain does not warrant a rating in excess of 10 percent. The cervical spine disability, degenerative disc disease, and radiculopathy issues are remanded for further examination and opinion.

The Board has decided to remand the Veteran's claims for bilateral lower extremity radiculopathy due to inadequate examinations and opinions. The Veteran is currently entitled to service connection for a back disability, but more recent treatment records indicate he may have lumbar spondylosis with associated radiculopathy. A new examination is needed to diagnose his conditions and determine their relationship to service.

The Board denied the Veteran's claims for service connection for sciatica of the left and right lower extremities, finding no current disability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, finding that they did not prevent him from securing and following substantially gainful employment.

The Veteran's appeals for increased ratings in excess of 20 percent for right and left lower extremity sciatic nerve and femoral nerve conditions have been dismissed as the appellant requested withdrawal of all pending appeals.

The Veteran's initial 30 percent rating for cervical spondylosis status post fusion is granted. Ratings for right upper extremity cervical radiculopathy are denied for the periods specified, and a 50 percent rating is granted from May 14, 2019 onwards.

The Board has granted service connection for osteochondrosis at thoracolumbar spine L4/L5/S1 and spondylarthrosis L4/L5, as well as sciatica. The decision is based on the Veteran's competent reports of symptoms during active duty and continuity of symptomatology since then.

The Veteran's claims for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities have been denied. The Board found that the evidence did not show unfavorable ankylosis of the spine, which is required for a higher rating.

The Veteran's claims for increased ratings for radiculopathy of the bilateral lower extremities are being remanded due to inadequate development and compliance with previous Board directives.

The Board has remanded the Veteran's claims for increased ratings due to inadequate medical examinations and a need for additional development.