Radiculopathy & sciatica decisions — 2024

The Veteran's claims for increased ratings have been remanded due to the need for further evaluation of his lumbar spine condition.,His current ratings for scars, hypertension, and lower extremity radiculopathy are all within their respective limits.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, meeting the criteria for a TDIU.

The Veteran's left and right lower extremity radiculopathy are granted with a disability rating of 40 percent each, but no higher.

The Veteran's left lower extremity radiculopathy is granted a disability rating of 20 percent effective January 29, 2007.

The Board has granted service connection for cervical and lumbar spine disorders, right upper extremity radiculopathy, and a right shoulder disorder. The left shoulder disorder claim is remanded for further consideration.

The Board has found that the February 2020 VA examination is internally inconsistent and remanded for a new evaluation to determine the severity of the Veteran's bilateral lower extremity radiculopathy.

The Veteran's claim for service connection for shin splints has been granted due to the submission of new and relevant evidence. Effective dates have also been established for his claims of service connection for right and left lower extremity lumbar radiculopathy, both dating back to July 14, 2017. The Veteran's claim for higher initial ratings for his lumbar spine disability remains pending.

The Board has remanded the Veteran's claims for neck disorder and left elbow disorder due to insufficient medical opinions regarding their etiology. The VA will need to obtain updated medical opinions that consider the Veteran's lay statements about his symptoms.

The Veteran was granted a 50% rating for migraine headaches and a 70% rating for right upper extremity radiculopathy effective July 20, 2022. Additionally, service connection for tinnitus rated at 10% and a 30% rating for cervical spine degenerative changes were granted effective July 20, 2022.,The Veteran was also granted an increased rating of 30% for his cervical spine degenerative changes and service connection for tinnitus rated at 10%. These benefits became effective on September 27, 2022.

The Veteran's degenerative arthritis thoracolumbar spine and bilateral lower radiculopathy are currently rated at 20 percent, but the evidence does not support a higher rating based on current symptoms.

The Board has remanded the claims for service connection for left and right upper extremity radiculopathy, as well as bilateral carpal tunnel syndrome, to include as secondary to a cervical spine condition. The case is being returned to the AOJ for further development.

The Veteran's left lower extremity sciatic radiculopathy was granted a 40% rating from August 31, 2017 to August 31, 2018.,The Veteran's right lower extremity sciatic radiculopathy was granted a 60% rating from September 9, 2019 onward.

The Veteran's claims for residuals of right-hand and left-hand frostbite injuries, as well as bilateral pes planus with plantar fasciitis, were granted. However, the claim for right lumbar radiculopathy was denied due to lack of service connection.

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment, thus the Board has granted TDIU.

The Board has granted a request to readjudicate the claim for service connection for radiculopathy of the right lower extremity. Service connection is granted for GERD and tinnitus, but the claims are remanded for further development regarding lumbosacral strain and bilateral hearing loss.

The Veteran's depressive disorder is rated at 50 percent from February 8, 2018 to October 7, 2020 and 50 percent as of October 8, 2020.,The Veteran's right upper extremity radiculopathy is currently rated as noncompensable. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.,The Veteran's left upper extremity radiculopathy is currently rated as noncompensable. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.,The Veteran's migraines are rated at 50 percent effective October 8, 2020. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.

The Board denied the Veteran's appeal to restore service connection for radiculopathy of the bilateral lower extremities (sciatic nerve) as the April 2020 rating decision that severed service connection was proper.

The Veteran's service-connected disabilities (lumbar spine degenerative arthritis, left sciatic nerve radiculopathy, right shoulder strain, and left shoulder tendonitis) render him unable to obtain and maintain substantially gainful employment. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, which may be secondary to his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, and posttraumatic stress disorder (PTSD).