Radiculopathy & sciatica decisions — 2024

The Veteran seeks an earlier effective date for the grant of TDIU, which was granted on November 16, 2021. The Board finds that additional efforts are necessary to determine if the Veteran's employment constituted a protected environment due to his service-connected disabilities.

The Veteran's service-connected disabilities (lumbosacral strain, bilateral radiculopathy of the lower extremities, and tinnitus) are preventing him from securing or following any substantially gainful occupation. The Board finds a pre-decisional duty to assist error has been made and remands for VA to obtain Social Security Administration records relevant to his TDIU claim.

The reduction in rating for residuals of service-connected lumbar degenerative arthritis from 40 percent to 20 percent effective May 12, 2022 is improper and void ab initio. The petition to reverse the reduction is granted.,Effective dates are granted for service connection for radiculopathy of the left upper extremity and left elbow supination.

The Veteran's claim for service connection for right ear hearing loss was denied, and his initial rating for right carpal tunnel syndrome and radiculopathy was granted at a 40% level. The Veteran does not meet the criteria for service connection due to right ear hearing loss as defined by VA regulations. His right carpal tunnel syndrome and radiculopathy are currently rated at 40%.

The Board has granted effective dates of July 27, 2021 for the awards of a 20% rating for degenerative arthritis of the spine (back disability), service connection for left lower extremity radiculopathy, and service connection for right lower extremity radiculopathy.

The Veteran's claims for specially adapted housing and special home adaptation grant are remanded due to pre-decisional duty to assist errors. Additional examinations will be performed, and the Veteran will be provided with updated VCAA notice.

The Veteran's claims of service connection for bilateral upper extremity radiculopathy and a cervical spine disorder are being remanded due to duty-to-assist errors. Further development is required, including obtaining an April 2022 private medical examination and VA examinations addressing the natures and etiologies of the Veteran's conditions.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, and his left lower extremity radiculopathy is rated at 20 percent. The Board denied the Veteran's claims for higher ratings.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran does not have BHL, his lumbar DDD is not manifested by ankylosis or forward flexion at 60 degrees or less, his right lower extremity radiculopathy does not meet criteria for a higher rating, his right hip strain does not meet criteria for a higher rating, and his tinnitus does not meet criteria for a higher rating.

The Veteran's initial ratings for right and left sciatic nerve radiculopathy from February 18, 2021, to April 28, 2021, were denied as they did not meet the criteria for a rating more than 10 percent.

The Board has determined that the Veteran does not have any current psychiatric or neuropathic disorders, and therefore service connection for these conditions is denied.

The Veteran's sleep apnea is considered caused or aggravated by his service-connected conditions, including PTSD, migraine headaches, hypertension, right wrist sprain, left lower extremity radiculopathy, asthma, lumbar degenerative disc disease, GERD, and IBS.

The Board has dismissed the Veteran's appeals regarding service connection for a prostate disability, as well as his claims for increased ratings for sciatic nerve radiculopathy left lower extremity, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, and left ear hearing loss. The Veteran withdrew his requests for hearings and all of his pending appeals.

The Veteran's left and right lower extremity radiculopathy were granted a disability rating of 20 percent each, effective from June 3, 2014. The lumbar spine degenerative arthritis with lumbago and subluxation of L4-L5 was also granted a disability rating of 20 percent.

The Veteran's degenerative arthritis of the lumbar spine with IVDS, radiculopathy, sciatic nerve, right lower extremity, and PTSD, unspecified depressive disorder, and other specified depressive disorder are all granted as service-connected.,PTSD is linked to in-service stressors, while the other conditions have been granted on a direct basis.

The Veteran's right lower extremity radiculopathy is restored to a 20 percent rating, and his intervertebral disc syndrome with degenerative arthritis of the spine and scoliosis is granted a 40 percent rating. The Veteran's claim for an increased rating beyond 40 percent for this condition remains pending.

The Veteran's claim for an increased rating for right ear hearing loss is dismissed.,Service connection for PTSD with anxiety is denied. The Board notes that the evidence does not establish a current diagnosis of PTSD and finds no causal relationship between service and the diagnosed generalized anxiety disorder.,The claims for bilateral foot disability, lumbar spine disability, and lumbar radiculopathy are remanded due to new evidence received in 2023 and potential exposure to toxic chemicals during service.,Service connection for a lumbar spine disability is remanded. The Veteran's claim for lumbar radiculopathy remains pending.,The claims for bilateral foot disability, lumbar spine disability, and asthma are remanded due to the need for a TERA memorandum and ILER report.

The Veteran's claim for an initial rating higher than 50 percent for OSA is denied. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent, and the Board has denied a higher rating. The effective date for service connection remains March 6, 2020.

The appeal of the issue of entitlement to service connection for bilateral plantar fasciitis is dismissed.,The appeal of the issue of entitlement to service connection for headaches is dismissed.,The appeal of the issue of entitlement to service connection for sciatica (left lower extremity radiculopathy) is dismissed.,The appeal of the issue of entitlement to service connection for cervical strain is dismissed.,The appeal of the issue of entitlement to service connection for left knee strain is dismissed.