Radiculopathy & sciatica decisions — 2024

The Board has remanded the claims for further development due to incomplete examinations and oversight in previous evaluations.

The Board has remanded the Veteran's TDIU claim due to evidence showing his service-connected disabilities make him unable to work in a physical environment, and he is not meeting the schedular requirements for a TDIU. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected lower extremity radiculopathies were denied increased ratings higher than the current assigned disability ratings.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which is the maximum schedular rating available.,The Veteran's left lower extremity sciatic nerve radiculopathy associated with degenerative disc disease of the lumbar spine is rated at 20 percent.,The Veteran's right lower extremity sciatic nerve radiculopathy associated with degenerative disc disease of the lumbar spine is rated at 10 percent.,The Veteran's right lower extremity femoral nerve radiculopathy, right lower extremity associated with degenerative disc disease of the lumbar spine is rated at 10 percent.

The Veteran's PTSD claim is reopened, but service connection remains denied.,The Veteran's right foot disorder claim is reopened, but service connection remains denied.,Service connection for allergic rhinitis is granted based on chronicity of symptoms after separation from service.,Service connection for fibromyalgia is denied as there is no current diagnosis and the evidence does not support a link to service.,Service connection for left foot disorder is denied due to lack of in-service event, injury or disease.,Service connection for cervical spine disorder is remanded.,Small bowel intussusception claim is remanded.,Headache disorder (including migraine and tension) claim is remanded.,Thoracolumbar spine disorder claim is remanded.,Right lower extremity radiculopathy claim is remanded.,Left lower extremity radiculopathy claim is remanded.,Erectile dysfunction claim is remanded.,Undifferentiated spondyloarthritis (claimed as right shoulder pain, left shoulder pain, etc.) claim is remanded.

The Veteran's service-connected low back disability was granted a 40 percent evaluation from April 15, 2015, to April 7, 2016, and from June 1, 2016, to the present. The RO also increased his evaluations for radiculopathy affecting the left sciatic nerve, right sciatic nerve, left femoral nerve, and right femoral nerve.

The Veteran's lumbar spine disability and sciatic nerve disabilities are granted with specific ratings, while service connection for an acquired psychiatric condition and TDIU remain pending.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to August 7, 2020.

The Veteran's claims for increased evaluations and TDIU are remanded due to the need for additional VA examinations to address range of motion testing, functional loss during flare-ups, and other relevant factors.

The Board has remanded the cases for further development and examination, including obtaining updated VA treatment records and scheduling an examination to assess the severity of the Veteran's low back disability and associated lower extremity radiculopathy. The effective dates for service connection for degenerative changes of the right hip and left hip are also being addressed.

The Veteran's claims for service connection of bladder disability, cervical spine disability, traumatic brain injury (TBI), and left arm disability were denied. The rating for status post fracture transverse process L3-L4 was granted at a 20% level effective January 16, 2019.

The Veteran's death was not due to his own willful misconduct, and he had a combined 70% service-connected disability rating at the time of his death. However, since none of his service-connected disabilities were rated as totally disabling, the criteria for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 are not met.

The Board has granted service connection for a lower back disability, right ankle disability, and left shoulder disability. The Veteran's right shoulder disability is considered pre-existing.,Service connection was also granted for the Veteran's right shoulder disability due to his active-duty service.

The Veteran's left ankle strain and degenerative joint disease of the left first metatarsal are currently rated at 10 percent each, with no higher ratings allowed under current regulations.,The Veteran's lower extremity radiculopathy and compression parasthesia associated with lumbosacral strain since March 17, 2023 is also rated at 10 percent.

The Veteran's TDIU effective date is granted as of June 1, 2009. The Board found that the functional impairment from his service-connected disabilities prevented him from engaging in substantially gainful employment since that date.

The Veteran's Parkinson's disease, adjustment disorder with anxiety, and sexual dysfunction have been granted service connection. The rating for Parkinson's disease has been increased to 70 percent effective November 28, 2022, and the ratings for other conditions have been adjusted accordingly.

PTSD service connection is dismissed.,Right and left knee disabilities are characterized by pain and limited range of motion in flexion and extension. The Veteran's right knee disability warrants a rating of 20 percent, but no higher, from December 10, 2020. Left knee disability also warrants a rating of 20 percent, but no higher, from the same date.,Cervical strain is characterized by pain and limitation of motion. The Veteran's cervical strain warrants a rating of 30 percent, but no higher, since December 10, 2020.,Lumbosacral strain is characterized by forward flexion limited to fewer than 30 degrees from the date specified. From that date, it warrants a rating of 40 percent, but no higher.,Left and right lower extremity radiculopathy are secondary to lumbosacral strain.

The Veteran's TDIU claim is remanded due to the need for a new examination to assess his lumbar spine disability, pes planus, and bilateral lower extremity radiculopathy. The examiner must consider the severity of flare-ups and functional limitations caused by these conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the current severity of his service-connected disabilities.

The Board has granted an initial rating of 20 percent for impairment of the right lower extremity, right lower extremity radiculopathy, and diabetic peripheral neuropathy prior to October 8, 2021.