Radiculopathy & sciatica decisions — 2024

The Board has decided to remand the Veteran's claims for higher disability ratings due to inconsistencies in the VA examination findings and the need for additional development, including a retrospective opinion on the historical progression of his back disability. The TDIU claim is also deferred pending completion of these matters.

The Veteran's claim for initial ratings of 40 percent for diabetic peripheral neuropathy, right and left lower extremities, sciatic nerve was granted. SMC for loss of use of the lower extremities is denied.

The Veteran's service-connected neck disability and left upper extremity radiculopathy have rendered him unable to secure or maintain substantially gainful employment throughout the period on appeal, resulting in TDIU. Effective April 1, 2018, he is also entitled to SMC based on housebound criteria due to his single-service connected disability rated at 100 percent and additional service-connected disabilities independently ratable at 60 percent.

The Veteran's claims for higher evaluations of his service-connected disabilities have been remanded due to the lack of documentation regarding attempts to contact him and reschedule VA examinations.

The Veteran's right lower extremity radiculopathy is related to his service-connected lumbosacral strain with L5-S1 central disc herniation-protrusion and L4-L5 bulge with annular tear, which was granted effective from June 28, 2018.

Service connection granted for tinnitus, but denied for bilateral hearing loss, back disability, left lower and right lower extremity sciatica, left upper and right upper extremity peripheral neuropathy, and hypertension.,Hearing loss was not shown during service or within one year post-service. Sciatica and peripheral neuropathy were not diagnosed in service or post-service.

The Veteran's appeals for increased ratings for radiculopathy of the right and left lower extremities, as well as his claim for service connection for right ear hearing loss have been withdrawn.,Service connection has been granted for a respiratory disability.

The Veteran's claims for service connection for right wrist tendinitis, cervical spine strain, and radiculopathy of the right upper extremity were denied as VA did not receive his claim prior to September 11, 2020.

The Veteran's service-connected obstructive sleep apnea, intermittent lumbar strain, radiculopathy of the right and left sciatic nerves, coronary artery disease (heart disability), and allergic and vasomotor rhinitis have been granted. The Veteran receives a 40 percent evaluation for their service-connected intermittent lumbar strain.

The Board has remanded the Veteran's claims for cervical spine condition, left upper extremity neuralgia, and left lower extremity radiculopathy due to inadequate opinions in the January 2020 VA examination report. The Veteran is required to provide new etiology opinions covering all theories of entitlement.

The Veteran's ratings for her back disability and radiculopathy of the left lower extremity were reduced from 20% to 10%, effective October 1, 2017. The Board has restored these ratings based on procedural errors in reducing them.

The Veteran's initial ratings for diabetic peripheral neuropathy of the sciatic nerve in both lower extremities and median nerve in both upper extremities have been granted at a 40 percent rating, effective from June 13, 2017.

The Veteran's appeal for a TDIU prior to September 5, 2020 was dismissed as the request to switch dockets from Direct Review to Evidence Submission was timely and granted by the Board.

The Veteran's claim for service connection for sleep apnea is granted as it was caused by his service-connected PTSD, back disability with lower extremity radiculopathy and skin condition. The Veteran's claims for increased rating for PTSD, TDIU, and DEA benefits are dismissed as moot due to the maximum schedular ratings being assigned.

The Veteran's service-connected disabilities are considered, and a new examination is required to determine if he requires aid and attendance or is housebound due to his conditions.

The Veteran's service-connected lumbar spine, right and paracentral annular tears at L2-3, and at L4-5, multilevel DDD with disc bulges, bone spurs, permanent nerve damage, lumbar sacral radiculopathy, leg weakness have resulted in bilateral lower extremity disorders severe enough to constitute permanent impairment of the use of his lower extremities. The Board granted the Veteran's claim for automobile or adaptive equipment.

The Veteran's appeal was granted, and he is now entitled to a rating of 50% for his lumbar spine spondylosis.

The Veteran's service-connected thoracolumbar spine IVDS and degenerative arthritis, right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, femoral radiculopathy of the right and left lower extremities, and PTSD with dysthymia have been granted. The Veteran's service-connected thoracolumbar spine IVDS and degenerative arthritis are rated at 40 percent from March 17, 2020.

The Board has remanded the Veteran's claims for further development, including obtaining an expert opinion to determine if his muscle condition is proximately due to or aggravated by a service-connected disability. The effective dates of all current ratings are also being reviewed.

The Board has remanded several issues related to the Veteran's lumbar spine disability and associated radiculopathy of the sciatic and femoral nerves. The main reasons are for further development, including a new examination to assess current severity.