Radiculopathy & sciatica decisions — 2024

The Veteran's unspecified depressive disorder is granted as secondary to his service-connected lumbar spondylosis, L5-S1 neural foraminal stenosis with IVDS. The Veteran's lumbar spondylosis is rated at 20 percent due to the presence of functional loss and pain during range of motion testing.

The Veteran's claim for a higher rating for his low back disability is denied. The Board found that the evidence did not meet the criteria for a higher rating based on forward flexion of the thoracolumbar spine being 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. The Veteran's service connection claims for sciatica and right knee disability were also denied.

The Veteran's diabetes mellitus, type II, is rated at 20 percent and denied a higher rating.,Both the left lower extremity femoral nerve and sciatic nerve peripheral neuropathies are rated at 20 percent and denied a higher rating.

The Veteran's right and left lower extremity radiculopathy of the sciatic nerves are rated at 40 percent since April 1, 2016.

The Board dismissed the appeal because the December 2020 rating decision was only a proposal to reduce the rating for LUE radiculopathy from 30 percent to 20 percent, and not a final decision on the matter.

The Veteran's sleep apnea, degenerative disc disease of the thoracic spine, left and right lower extremity radiculopathy, left knee patellofemoral syndrome with degenerative arthritis, right knee patellofemoral syndrome with degenerative arthritis, and left and right ankle sprain are all granted. The effective dates for these ratings have not been specified.

The Veteran's claim for service connection for erectile dysfunction as secondary to PTSD has been granted. The claims for increased ratings and service connection have been remanded.

The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to September 4, 2019.

The Board has remanded several claims related to the Veteran's service-connected lumbar spine disability, including issues for increased ratings and secondary radiculopathy. The claims are being returned for further development due to inadequate examination reports and incomplete treatment records.

The Veteran's service-connected disabilities, including ischemic heart disease, PTSD, cervical degenerative joint disease with fusion C3-7, lumbosacral strain (low back pain), and various peripheral nerve conditions, meet the criteria for SMC at a higher rate due to their combined effect on his ability to perform daily activities.

The Veteran's lumbar disability, right and left lower extremity sciatic radulopathy, and cervical spine disability are all granted service connection. The cervical spine disability is remanded for further examination.

The Veteran's service connection claim for Multiple Sclerosis is remanded due to the need for a VA examination to determine if his disability developed during service or within the presumptive period.,The Veteran's increased rating claims for Degenerative Changes at L4-5 and L5-S1 (back disability), Right Lower Extremity Sciatic Nerve Radiculopathy, and Left Lower Extremity Sciatic Nerve Radiculopathy are remanded due to the need for a VA examination to assess the impact of flare-ups on his functional ability.,The Veteran's service connection claim for Bladder Disability is remanded due to the need for a VA examination to determine if it is proximately due to or the result of his service connected back disability, and whether it was aggravated by his service-connected back disability. ,The Veteran's service connection claim for Bowel Disability is remanded due to the need for a VA examination to determine if it is proximately due to or the result of his service connected back disability, and whether it was aggravated by his service-connected back disability.

The Veteran's RLE and LLE radiculopathies, sciatic nerve have been granted initial ratings of 40 percent each. The Veteran's RUE radiculopathy, median nerve has also been granted an initial rating.

The Veteran's major depressive disorder, asthma, bilateral pes planus, back pain, sciatic pain of the lower extremities, osteoporosis, ischemic heart disease, deep vein thrombosis of the lower extremities, metabolic disorder (hyperlipidemia), diabetes mellitus, benign prostatic hypertrophy with lower urinary symptoms, gastroesophageal reflux disease (GERD), and erectile dysfunction are all granted as service-connected.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for his back disability, RLE radiculopathy, right knee disability, left knee disability, or bilateral ankle tendonitis. However, the Veteran's claims for service connection of prostate cancer, erectile dysfunction (ED), SMC based on loss of use of a creative organ, and TDIU were remanded.

The Board denied the Veteran's request for an earlier effective date prior to June 21, 2018 for his TDIU, finding that he did not meet the schedular requirements for a TDIU prior to that date and does not warrant one on an extraschedular basis.

The Veteran's service-connected disabilities met the schedular criteria for a TDIU effective February 6, 2012. The Board found that he was unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Board has remanded the cases for further development due to duty-to-assist errors, including scheduling VA examinations and obtaining medical opinions.

The Veteran's claims for service connection and initial rating have been dismissed due to the death of the appellant. The Board has no jurisdiction to adjudicate these matters as they are not related to her life.

The Board has granted service connection for neck disability, right upper extremity radiculopathy as due to neck disability, and left upper extremity radiculopathy as due to neck disability.,Service connection is also granted for chronic sinusitis and headaches, both of which are deemed related to the Veteran's neck disability.