Radiculopathy & sciatica decisions — 2024

The appeals of the denial service connection for right side sciatica nerve pain and the initial ratings assigned for hypertension, left shoulder impingement syndrome, and right thumb tendonitis are dismissed. Entitlement to an initial 100 percent rating for PTSD with bruxism is granted.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to her service-connected persistent depressive disorder. The lumbar spine condition, bilateral lower extremity radiculopathy, and persistent depressive disorder are all granted increased ratings. Service connection for dysfunctional bleeding with LGSIL/HGSIL status post LEEP is also granted.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions are related to his active service.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted.,The Veteran's claim for an effective date earlier than May 8, 2018, for the grant of service connection for radiculopathy of the right upper extremity is denied. The cervical spine disability was not pending or unadjudicated prior to May 8, 2018.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining any form of gainful employment for the entire period on appeal, meeting the criteria for a total disability rating based on individual unemployability.

The Veteran's claims for service connection for various foot, knee, and back disorders have been reopened due to the submission of new and material evidence.,Service connection has been granted for a thoracolumbar spine disorder.

The Veteran's appeal for increased ratings on multiple conditions, including PTSD with depression, lumbosacral strain, and radiculopathy associated with lumbosacral strain, has been remanded due to the addition of new evidence since the last Supplemental Statement of the Case (SSOC).

The Board denied increased ratings for left and right lower extremity sciatic nerve radiculopathy, finding that the Veteran's condition is characterized as 'moderate' and does not warrant a rating higher than 20 percent.

The Veteran's claims for increased ratings and effective dates have been granted. Effective dates are set based on the earliest date of claim or entitlement, with some adjustments due to filing patterns.

The Board has remanded the claims for initial ratings in excess of 10 percent for bilateral lower extremity radiculopathy. The Veteran must file a VA Form 9 or opt-in to the AMA framework.

The Board has remanded the claims for additional development due to missing VA treatment records and a need for an additional medical opinion regarding the etiology of the Veteran's sleep apnea. The issues include rating increases for lumbar spine disorder, increased rating for LLE radiculopathy, service connection for sleep apnea, and TDIU.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated left lower extremity radiculopathy due to inadequate VA examinations, lack of ankylosis assessment, and need for additional medical records.

The Veteran's upper extremity radiculopathy was denied as not meeting the criteria for a higher rating prior to March 2, 2020. From March 2, 2020, his radiculopathy is rated at 20 percent.

The Veteran's appeals for increased ratings for spondylolisthesis with osteoarthritis and left leg radiculopathy have been dismissed due to the submission of a VA Form 10182 opting into the Appeals Modernization Act (AMA) from September 2023 and November 2023 rating decisions.

The Veteran's lumbosacral strain has been rated at 20 percent, effective January 13, 2014. Separate ratings of 20 percent have also been granted for right and left lower extremity radiculopathy secondary to the service-connected lumbar disability.,A separate rating is granted for each leg's radiculopathy as a result of the service-connected lumbosacral strain.

The Veteran's right lower extremity radiculopathy rating was reduced from 20 percent to 10 percent as of September 5, 2017. The Board has remanded both the reduction claim and the TDIU claim due to insufficient evidence regarding the current severity of his disability.

Service connection for cervical spine DDD and left upper extremity radiculopathy have been dismissed. Service connection for insomnia, including as secondary to the service-connected cervical spine DDD and left upper extremity radiculopathy, is remanded.

The Veteran's appeal is remanded for additional examinations and opinions to determine the current severity of his cervical spondylosis, lumbar spondylosis, radiculopathy, and other conditions. The issues include increased ratings for these disabilities.

The Veteran withdrew her appeal for the issues of higher ratings for bilateral upper extremity radiculopathy, the left shoulder, dysthymic disorder, and cervical spine. As a result, these issues are dismissed.

The Board denied a TDIU from January 30, 2019, finding that the service-connected disabilities do not prevent the Veteran from obtaining or retaining substantially gainful employment.