Radiculopathy & sciatica decisions — 2024

The Veteran's request for restoration of the ratings for his service-connected knee disabilities and PTSD is granted. The Veteran also receives special monthly compensation at the housebound rate due to his service-connected disability.

The Veteran's service-connected disabilities, including left and right upper extremity radiculopathy, cervical spine stenosis, and lumbar degenerative disc disease, preclude him from securing or following a substantially gainful occupation. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Veteran's right ear hearing loss is currently rated as noncompensable due to the presence of a margin of error in audiometric testing.,The Veteran's radiculopathy and back conditions are remanded for additional examination to address flare-ups, functional impairment during flare-ups, and whether they meet the criteria for ankylosis.

The Veteran's service-connected right lower extremity radiculopathy is rated at 40 percent from July 29, 2014, to present. The rating reflects moderately severe incomplete paralysis of the sciatic nerve.

The Veteran's bilateral lower extremity radiculopathy disabilities are being remanded for a new examination to assess their current severity.,The Veteran's lumbar spine DDD is also being remanded for a new VA examination and additional treatment records.

The Veteran's claims for TDIU, SMP-AA/HB, and SMC prior to February 3, 2023 are remanded due to the need for additional development of his VA medical records.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's left ankle sprain is secondary or aggravated by his service-connected conditions. Additionally, the codesheet needs to be corrected to reflect the right ankle disability.

The Board has remanded the case for further development to determine if the Veteran's service-connected disabilities render him in need of regular aid and attendance, specifically addressing his SI joint and iliac crest deformity. The case will also include an addendum opinion from a clinician regarding whether he requires aid and attendance due to these conditions.

The Board has remanded the claims for further development and readjudication due to a lack of substantial compliance with previous remand directives.

The Veteran's PTSD with depressive disorder is rated at 70 percent, but the Board finds that a higher rating is not warranted.,The Veteran's spinal stenosis is currently rated at 20 percent and the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's left lower extremity femoral nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's right lower extremity femoral nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's bilateral hearing loss is not compensable and the Board has remanded for further development to determine if a compensable rating is warranted.,The Veteran does not have current diagnoses of obstructive sleep apnea or a sleep disorder, but the Board has remanded for further development to determine if service connection is warranted.,The Veteran does not have current diagnoses of a neck nerve disorder and the Board has remanded for further development to determine if service connection is warranted.

The Veteran's low back disorder and radiculopathy were granted increased ratings, with the low back disorder receiving a 20 percent rating from August 24, 2012, to July 13, 2023, and a 40 percent rating since July 14, 2023. The Veteran's right lower extremity radiculopathy received a 20 percent rating since January 22, 2014, and the left lower extremity radiculopathy received a 20 percent rating since January 22, 2014.

The Veteran is granted a TDIU and SMC based on housebound status from August 19, 2019 due to his service-connected anxiety with depression associated with degenerative disc disease.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and clarification of his conditions.

The Board has remanded several claims for additional development, including service connection for migraine headaches and obstructive sleep apnea. The Veteran's current disabilities are also being reviewed.,The TDIU claim is inextricably intertwined with the increased rating claims.

The Board found that the Veteran was not unemployable due to her service-connected disabilities prior to October 24, 2011. The evidence showed she had been employed in various positions and could perform sedentary employment despite her disabilities.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to his withdrawal of the appeal.

The Veteran's right and left lower extremity radiculopathy have been granted initial ratings of 40 percent, but no higher. The issue of entitlement to a TDIU is rendered moot due to the Veteran receiving a 100 percent rating for his service-connected disabilities.

The Veteran's claim for service connection for tinnitus has been denied as her current tinnitus is not related to her active service.,The Veteran's claims for bilateral lower extremity radiculopathy and left elbow disability are remanded due to the need for additional medical examination.

The Veteran's back disability and bilateral lower extremity radiculopathy have been granted initial ratings of 20% each, effective March 5, 2009. A TDIU has also been granted from this date.

The Board has decided to remand the Veteran's claims for service connection for right and left lower extremity disorders, including radiculopathy and meralgia paresthetica. The VA examiner's opinions are inadequate, and additional medical opinions are needed.