Radiculopathy & sciatica decisions — 2024

The Veteran's claims for service connection have been granted for PTSD, hypertension secondary to PTSD, bilateral knee conditions, low back condition, bilateral thumb condition, cervicothoracic spine condition, right upper extremity radiculopathy, headaches (claimed as cephalgia), and bilateral hearing loss. The claim for tinnitus was denied.

The Board has remanded the case due to incomplete records and the need for updated information regarding employment status. The Veteran's claims for increased ratings and TDIU are pending.

The Veteran's back disability and lower extremity radiculopathies have been rated based on their severity, with some separate ratings for specific nerves involved. The initial rating of 40% has been granted from October 14, 2020, to February 27, 2023, for the back disability and lower extremity radiculopathies.

The Veteran's back, neck, and radicular symptoms have worsened since his last VA examinations. The AOJ must schedule new examinations to determine the current severity of his disabilities and readjudicate the issues on appeal.

The Board has remanded the Veteran's claims for increased ratings for spinal stenosis and bilateral lower extremity radiculopathy due to unclear information regarding pain on motion during previous examinations.

The Board has remanded the TDIU claim prior to November 13, 2015 for consideration of an extraschedular rating under 38 C.F.R. § 4.16(b). The SMC based on housebound status is granted.

The Veteran's service-connected disabilities are not shown to preclude her from obtaining or maintaining substantially gainful employment, and therefore the claim for TDIU is denied.

The Veteran's appeals for increased ratings and service connection have been remanded due to the need for additional examinations to assess current symptomatology and etiology.

The Veteran's claims for increased ratings of lumbar spine, bilateral knee, and bilateral lower extremity sciatic nerve disabilities are denied. The case is remanded due to the need for additional examinations and evaluations.

The Veteran's service-connected disabilities, including depression, left upper extremity radiculopathy, cervical spine condition, tinnitus, scar with puncture wound residuals, and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's claim for an increased rating for Major Depressive Disorder was granted with an effective date of August 3, 2016.,The Veteran's claim for a separate disability rating of 10 percent for Right Lower Extremity Radiculopathy was also granted with an effective date of August 3, 2016.

The Board has granted service connection for the Veteran's right lower extremity radiculopathy as secondary to his service-connected thoracolumbar spine disability.

The Board has remanded the service connection claims for low back condition, right knee condition, left knee condition, right ankle condition, left ankle condition, and lower extremity radiculopathy due to lack of authorization from the Veteran's private treatment provider.

The Board has decided to remand the case due to incomplete records and needs further examination for left upper extremity radiculopathy, including nerve conduction studies. The examiner will also need to determine if loss of sensation of the penis is related to service-connected condition.

The Board denied the Veteran's claim for an earlier effective date of May 17, 2018, for his 80% disability rating for loss of use of right foot. The Veteran argued that he should have received a higher rating based on peripheral nerve damage from his in-service back surgery, but the evidence did not show an increase in severity within one year prior to filing his May 2018 claim.

The Veteran's lumbar spine disability and associated radiculopathy of the left lower extremity have been granted a 40 percent disability rating for the entirety of the appeal period.

The Board has remanded several issues related to effective dates and initial disability ratings for various disabilities, including lumbar spine degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee derangement, surgical scar from right nephrectomy, and TDIU. The AOJ is instructed to readjudicate these issues with consideration of all evidence added since the April 2020 statement of the case.

The Veteran's right and left lower extremity radiculopathy are granted service connection as they are related to his service-connected lumbar spine strain. The Veteran's left hip condition is remanded for further evaluation due to insufficient opinions in the previous examinations.

The Veteran's appeals are remanded due to insufficient evidence for several conditions, including bilateral hearing loss, PTSD, sciatic nerve disabilities, knee disabilities, and shoulder injury. The VA is directed to provide additional examinations and opinions.

The Board has remanded the Veteran's claims of service connection for left and right shoulder conditions, as well as his claim for a sciatic nerve condition. The claims are being returned to VA for additional development.