Radiculopathy & sciatica decisions — 2024

The Board has determined that additional medical opinions are needed regarding toxic exposure risk activities for the Veteran's knee disabilities and lower extremity radiculopathy. The RO is instructed to obtain these opinions.

The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his service-connected lumbosacral spine, bilateral lower extremity radiculopathy, and TDIU. The reasons include the need for updated examinations due to potential worsening of the conditions.

The Veteran's depression and anxiety are granted on a secondary basis, while tinnitus is granted. High cholesterol, left leg disability (apart from service-connected left lower extremity sciatic radiculopathy), right leg disability (apart from service-connected right lower extremity sciatic radiculopathy), coronary artery disease (CAD), erectile dysfunction, chronic obstructive pulmonary disease (COPD), gastroesophageal reflux disease (GERD), hypertension, and thyroid disability are all denied. The Veteran's sleep apnea, headaches, and TDIU claims are remanded.

The Veteran's lumbar spine disorder is rated at 40 percent from December 8, 2021. The Board has remanded the issues of service connection for right hip, right knee, left knee, and bilateral foot disorders.

The Veteran's service-connected bilateral lower extremity diabetic neuropathy has been denied for higher initial ratings.

The Board has determined that the Veteran's claims of service connection for esophageal dysmotility and bilateral upper and lower extremity radiculopathy need further development due to inadequate medical opinions. The VA is required to provide new medical opinions regarding these conditions.

The Board has granted service connection for hypertension and remanded other claims due to the need for additional development, including obtaining medical records and providing adequate opinions.

The Veteran's back disability is rated at 40 percent, effective March 18, 2015. The rating for right lower extremity radiculopathy remains at 20 percent from November 14, 2022.,A separate rating of 20 percent for right lower extremity radiculopathy is granted from November 14, 2022.,The Veteran's back disability does not meet the criteria for a higher rating.

The Veteran's back disability and left lower extremity radiculopathy are rated at 20 percent, 40 percent, and 20 percent respectively. The Board has determined that additional evidence is needed to determine the current severity of these disabilities.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his disabilities are related to military service.

The Board has remanded the case for obtaining a Social Security earnings report to determine the Veteran's income from October 2015 to the present. The TDIU claim remains denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from September 3, 2013, to April 3, 2022.

The Board denied the Veteran's claims for initial ratings greater than 20 percent for left and right lower extremity radiculopathy, finding that moderately severe incomplete paralysis was not shown.

The Board has found that the Veteran's gout, low back condition, and sciatica are not related to his military service. The case is being remanded for further examination and opinion.

The Board has remanded the cases for further action due to incomplete records from Social Security Administration (SSA). The issues of effective dates and TDIU are inextricably intertwined with the radiculopathy claims.

The Veteran's radiculopathy of the right upper extremity with CTS is granted a 30% rating effective November 28, 2016. The Veteran's multiple sclerosis with left eye optic neuritis remains at a 30% rating from that date.

The Veteran's claims for increased ratings for his service-connected dizziness, post-traumatic headaches, left S1 radiculopathy, and cervical strain are remanded due to the need for updated VA examinations. The outcome of these claims will impact the Veteran's claim for special monthly compensation (SMC) due to the need of aid and attendance.

The Veteran withdrew his appeals for earlier effective dates and increased ratings for various conditions, including bilateral lower extremity radiculopathy, left inguinal hernia scar, spinal stenosis with degenerative disc disease, and left inguinal hernia. The appeal is dismissed.

The Veteran's service-connected radiculopathy of the right and left lower extremities has been granted a 40 percent rating, but no higher.

The reduction of the ratings for radiculitis with right upper radiculopathy and left upper radiculopathy from their current levels to noncompensable was improper, and the Veteran's appeal is granted. The case is remanded for further development.