Radiculopathy & sciatica decisions — 2024

The Veteran's PTSD with unspecified depressive disorder, left ankle disability, right shoulder disability, left shoulder disability, right knee disability, lumbar spine disability, and radiculopathy of the bilateral legs are all granted as service-connected.,There is no specific rating assigned or effective date provided in this decision.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow substantially gainful employment.

The Veteran's left lower extremity radiculopathy was initially granted a 10% evaluation, and later increased to 40%. The right lower extremity radiculopathy received a 10% initial evaluation which was subsequently increased to 20%.,Both conditions were denied for higher evaluations within the specified periods.

The Board has remanded the cases for further development due to inadequate VA examinations and incomplete evidence.

The Veteran's claim for increased ratings for iliotibial band syndrome of the right and left knees was denied, while his claim for service connection for sciatica of the right lower extremity as secondary to service-connected chronic lumbar strain was granted.

The Veteran's lumbar spine disability is now rated at 40 percent effective August 20, 2019. The earlier effective date for radiculopathy of the right lower extremity has been granted.

An increased 50 percent rating for a thoracic/lumbar spine disability is granted.,Prior to June 21, 2019, the Veteran's service-connected disabilities did not preclude substantially gainful employment. Since June 21, 2019, his acquired psychiatric disability has made it impossible for him to secure and follow a substantially gainful occupation.,Since June 21, 2019, the Veteran is granted TDIU.

The Veteran's restless leg syndrome of the right and left lower extremities was granted a rating of 20 percent each prior to October 4, 2018.,A combined rating for radiculopathy and restless leg syndrome (sciatic nerve) of the right lower extremity from October 4, 2018, to the present was denied.

The Veteran's claims for increased disability ratings and TDIU were denied, but he was granted a total disability rating based on individual unemployability due to PTSD.

The Board has remanded the claims for increased ratings and service connection for hypertension due to a lack of current VA examination reports. The Veteran failed to report for scheduled examinations, which requires denial of these claims without further evidence.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has decided to remand the case due to the need for additional medical opinions regarding service connection for obstructive sleep apnea (OSA). The opinions are needed to determine if OSA is caused or aggravated by asthma, and whether obesity/weight gain is a substantial factor in causing OSA. Additionally, the examiner must consider all lay evidence, including the Veteran's statements.

The Board has remanded the claims for service connection for left and right lower extremity disabilities, including sciatica, due to inadequate examination and opinion addressing their etiology.

The Board has remanded the Veteran's claim for a VA examination to determine if his current back disability is related to service or preexisting asymptomatic scoliosis, and whether any increase in severity during service.

The Veteran's appeals for earlier effective dates were denied as the claims had already become final due to a prior reduction in rating.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, left knee arthritis, right leg radiculopathy, and left leg radiculopathy.,All issues related to these conditions have been resolved in the Veteran's favor.

The Veteran's TDIU claim is denied because he was not rendered unemployable due to only one service-connected disability, but rather multiple disabilities including his neck and back pain.

The Board dismissed the issue of service connection for allergic rhinitis. The claim for service connection for a back disability was reopened, but the appeal remains pending as it is remanded for additional development. The claims for service connection for a headache disability, cervical radiculopathy (right and left upper extremities), and a left knee disability are also remanded.

The Board denied a rating in excess of 20 percent for the Veteran's service-connected right upper extremity radiculopathy, finding that the disability is currently rated appropriately under Diagnostic Code 8513.