Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection were granted with an effective date of September 19, 2014. The earlier effective dates requested are denied.

The Veteran's initial rating for chronic orthopedic symptoms of lumbosacral strain with spondylosis is denied as the evidence does not meet the criteria for a higher than 10 percent rating.,The Veteran's initial rating for associated lumbar radiculopathy, LLE, is denied as the evidence does not meet the criteria for a higher than 10 percent rating.

The Veteran's TDIU claim from March 19, 2020 to October 4, 2022 is granted as he meets the schedular criteria for a combined rating of 70 percent due to multiple service-connected disabilities. The earlier effective date for Dependents' Educational Assistance (DEA) eligibility remains pending.

The Veteran's left shoulder degenerative joint disease is rated at a 30 percent rating, effective February 23, 2021.,A separate 20 percent rating for recurrent dislocation of the left humerus at the scapulohumeral joint is granted.

The Veteran's radiculopathy of the left lower extremity is granted an increased rating to 20 percent. The service connection claims for a left hand disability and a right hand disability are dismissed due to procedural issues.

The Veteran's claims for increased ratings and service connection have been denied. The lumbar spine disorder remains rated at 40 percent, while the right lower extremity radiculopathy is rated at 10 percent. Service connection has been granted for these conditions but further evidence is needed to determine if they are related to service.

The Board has remanded the Veteran's claims for an earlier effective date for service connection, increased ratings, and TDIU due to incomplete or inadequate VA examinations. The Veteran's back disability is inextricably intertwined with his bilateral lower extremity neuropathies.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional evidence. The Board found that there is no evidence of forward flexion of the thoracolumbar spine to 30 degrees or less, or unfavorable ankylosis (or the functional equivalent of ankylosis) of the entire thoracolumbar spine.

The appeals for higher initial ratings on the lumbar spine disability and surgical scars of the lower back are dismissed. The appeal for TDIU from April 22, 2021 to July 31, 2021 is dismissed as moot due to the concurrent award of SMC at the housebound rate. The appeal for TDIU prior to April 22, 2021 and after July 31, 2021 is denied.

The Veteran's left lower extremity radiculopathy with sciatic nerve involvement was reduced from a 20 percent rating to a 10 percent rating, but the Board found this reduction improper and restored the original 20 percent rating.

The Board denied service connection for radiculopathy of the bilateral upper and lower extremities associated with the Veteran's lumbar spine disability due to a lack of evidence of current peripheral nerve condition or peripheral neuropathy.

The Board has granted the Veteran's claims for increased ratings for radiculopathy of the upper and lower extremities, with a rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity, left lower extremity (sciatic nerve), and right lower extremity (sciatic nerve) radiculopathy.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of any identified back disabilities, including whether they are related to service.

The Board has dismissed the appeals for ratings in excess of 20 percent for lumbar spine condition, right lower extremity (sciatic nerve) radiculopathy, and right lower extremity (femoral nerve) radiculopathy as the appellant withdrew his appeal prior to a decision being made.

The Board has decided to remand the Veteran's claims for service connection due to inadequate medical opinions and failure to obtain necessary evidence, including verification of inservice stressors and treatment records.

The Veteran's sinusitis and obstructive sleep apnea claims have been denied as there is no evidence of a current disability or in-service incurrence.,Right lower extremity radiculopathy has been granted secondary to the service-connected lumbar spine disability, while depressive disorder has been granted as secondary to other service-connected conditions.

The Veteran's appeal is remanded due to a pre-decisional error in not having a medical opinion regarding whether his service-connected disabilities result in loss of use of one or both feet, or ankylosis of one or both knees or hips. The Board finds the claim should be reconsidered with further examination and opinion.

The Board has granted an initial evaluation of 40 percent for right lower extremity radiculopathy and has remanded the issue of entitlement to a higher evaluation for lumbar spine disability.

The Veteran's service-connected disabilities, including persistent depressive disorder, degenerative joint disease of the lumbar spine, and bilateral lower extremity radiculopathy, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted total disability based on individual unemployability (TDIU).