Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection for left ear hearing loss and fibromyalgia have been denied. The Veteran has been granted a 50% rating for migraine headaches, effective August 1, 2014, with no higher ratings allowed.

The Veteran was granted a 40 percent rating for his lumbosacral strain with degenerative arthritis, effective July 2, 2018.,A 20 percent rating was assigned for right lower extremity radiculopathy, also effective July 2, 2018.

The Veteran's request to reopen his claim of entitlement to service connection for OSA was granted. Entitlement to a rating of 40 percent, but no higher, for degenerative arthritis of the lumbar spine is also granted.

The Veteran's right and left lower extremity sciatic nerve radiculopathy are each granted an initial 20 percent disability rating.,The Veteran is also granted a TDIU based on her service-connected disabilities.

The Board has remanded several issues related to the Veteran's service-connected conditions, including increased ratings for cervical strain and valvular heart disease, as well as claims of service connection for radiculopathy in both upper and lower extremities. The issues are being remanded due to inadequate or incomplete examinations.

The Veteran's cervical spondylosis and radiculopathy are currently rated at 20 percent, but no higher. The Board finds a remand is necessary to obtain VA examinations for the remaining issues.,Service connection for right shoulder joint pain, right hand chronic pain (claimed as arthritis and psoriatic arthritis), right knee chronic pain (claimed as arthritis and psoriatic arthritis), and right ankle chronic pain (claimed as arthritis and psoriatic arthritis) are remanded.

The Veteran's low back condition is currently rated at 20 percent, and the claim for a higher rating is denied.,Prior to October 19, 2023, the Veteran's left lower extremity radiculopathy was rated at 10 percent. The claim for a higher rating is denied.,From October 19, 2023, the Veteran's left lower extremity radiculopathy has been rated at 20 percent. The claim for a higher rating is denied.

The Veteran's increased ratings claims for lumbar strain with IVDS and associated lower extremity radiculopathy were denied as the claimant failed to attend scheduled VA examinations without showing good cause.

The Board has granted entitlement to special monthly compensation (SMC) based on the need for aid and attendance due to the Veteran's service-connected disabilities, which leave him in need of regular assistance.

Your initial ratings for your low back disability, sciatic radiculopathy of the left and right lower extremities have been remanded.,Your claims for service connection for a right elbow disability, right wrist disability, and disability of the fourth digit of the right hand have also been remanded.

The Board has determined that the VA medical opinion from May 2023 does not substantially comply with the remand directives and requires further examination to determine if obstructive sleep apnea is related to service or secondary to diabetes mellitus, as well as whether obesity contributed to the condition.

The Veteran's claim for an effective date prior to October 17, 2007 for the grant of service connection for right lower extremity radiculopathy is dismissed.,An initial disability rating in excess of 50 percent for an acquired psychiatric disability characterized as insomnia disorder with non-sleep disorder, mental comorbidity, and medical comorbidity, and adjustment disorder with depressed mood is denied.,A disability rating in excess of 10 percent for rheumatoid arthritis of the bilateral hands is denied.,A disability rating in excess of 10 percent for a back disability characterized as degenerative disc disease and stenosis of the lumbar spine, status post lumbosacral strain, is denied.,A disability rating in excess of 10 percent for right lower extremity radiculopathy is denied.,Service connection for bilateral hearing loss is not granted.

The Veteran's claims for increased ratings for his service-connected cervical spine and right elbow disabilities are being remanded due to the need for additional development, including obtaining medical records and providing clarifying opinions from VA examiners.

The Board has remanded the Veteran's claims for increased ratings, neurological symptoms secondary to service-connected IVDS, and TDIU due to inadequate examination reports and further development is needed.

The Veteran's service-connected disabilities do not render him substantially confined to his dwelling, the immediate premises, a ward or clinical area of an institution due to a service-connected condition. He does not have one disability that is rated as totally disabling and an additional disability or disabilities that are independently rated or ratable as at least 60 percent disabling.

The Veteran's claims for increased ratings and SMC are being remanded due to the need for additional evidence, particularly private treatment records from 2006 to 2017.

The Veteran's service-connected disabilities, including his bilateral flat feet, calcaneal spurs, lumbar spondylolysis L5 with spondylolisthesis, rheumatoid arthritis (indicated by radiculopathy of the right and left lower extremities), tinnitus, and hiatal hernia, render him unable to maintain substantially gainful employment as of January 11, 2023. The Board has granted a TDIU effective from that date.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for lumbar spine conditions, radiculopathies, shoulder conditions, and gastroesophageal reflux disease. The appeals are being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's cervical spine disability, lumbar spine disability with bilateral lower extremity radiculopathy, and bilateral foot disability are remanded for further examination to assess their current severity.

The Veteran's service-connected PTSD and musculoskeletal disabilities are found to be the cause of his obstructive sleep apnea. His back disability is granted with a 40% rating from September 23, 2020 onwards for the period prior to that date he was rated at 20%. The left and right lower extremity radiculopathy disabilities are also granted with a 40% rating each.