Radiculopathy & sciatica decisions — 2024

The Veteran's right lower extremity radiculopathy of the sciatic nerve is granted an initial 20 percent rating, but no higher. The left lower extremity radiculopathy of the sciatic nerve remains at a 20 percent rating.

The Veteran's lumbar spine disorder and radiculopathy of the right lower extremity have been granted service connection.,A TDIU before December 6, 2018, is still pending as it is inextricably intertwined with the ratings for these conditions.

The Board has remanded the Veteran's claims for service connection for a low back disability and hypertension, finding that additional development is needed to obtain relevant medical records and provide an adequate opinion regarding the etiology of these conditions. The issues remain on appeal as the PACT Act of 2022 does not apply to all periods of the Veteran's claim.

The Veteran's bilateral lower extremity radiculopathy of the sciatic nerve has been granted a disability rating of 40 percent, but no higher.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent and 20 percent for lumbosacral strain, chronic and recurrent with mild changes of degenerative disc disease at L5-S1, as well as his claim for TDIU due to service-connected disabilities. The remand requires further examination and consideration of the Veteran's medication use and its impact on range of motion.

The Board has remanded the Veteran's claims for increased ratings for cervical strain and right lower extremity radiculopathy due to inadequate reasons and bases in the prior decisions, specifically regarding the credibility of the Veteran's subjective symptoms and the adequacy of the examinations conducted.

The Veteran meets the schedular requirements for a TDIU and was rendered unable to obtain or maintain substantially gainful employment due to his service-connected disabilities since, at least July 2018.

The Veteran's appeal for a higher disability rating for his service-connected degenerative arthritis of the thoracolumbar spine is denied as he does not meet the criteria for a disability rating greater than 40 percent from November 4, 2021. The case is remanded due to additional development needed.

The Veteran's thoracolumbar spine disability is rated at 40 percent, and his left and right lower extremity radiculopathy disabilities are each rated at 20 percent. The appeals for higher ratings have been denied.

The Board has determined that the Veteran's claim for service connection for rhinitis must be readjudicated, as no new and relevant evidence has been submitted since the previous denial in November 2020. The remaining claims of service connection for intervertebral disc syndrome of the cervical spine with degenerative arthritis and spinal stenosis, left shoulder impingement syndrome, bilateral upper extremity radiculopathy, and obstructive sleep apnea (OSA) are remanded due to inadequate medical opinions.

The Board has granted the Veteran's claims for effective dates of July 16, 2012, but not earlier, for service connection for degenerative disc disease of the lumbar spine, cervical spine, and left lower extremity radiculopathy.

The Veteran's appeal for a rating in excess of 30 percent for unspecified depressive disorder with PTSD prior to June 23, 2022 is dismissed as the Board has already granted an initial 70% rating effective August 3, 2012.,The appeals for increases in staged ratings for right and left lower extremity radiculopathy are dismissed as the October 2022 decision granting increased ratings did not constitute an initial decision to which the AMA applies.,The appeal for a scar of the posterior trunk is granted with an initial 10% rating throughout the appeal period.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Veteran's claim for an increased rating for hypertension was denied as the evidence did not show diastolic pressure of predominantly 100 or more, which is required for a compensable rating.,The Veteran's TDIU claim was granted due to his service-connected disabilities meeting the schedular criteria.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a grant of service connection for left leg disability, erectile dysfunction, vertigo, or radiculopathy of the right lower extremity.

The Board has ordered a remand for the Veteran to be afforded a new examination to assess the current severity of his service-connected left sciatic radiculopathy.

The Veteran's service-connected disabilities, including degenerative arthritis and IVDS of the lumbar spine, left shoulder disability, and bilateral lower extremity radiculopathy, have prevented him from securing or following substantially gainful employment since April 27, 2023. Effective as of that date, he is granted a TDIU and SMC based on aid and attendance.

The Veteran's sinusitis was granted a 10% disability rating effective March 1, 2017.,Effective December 30, 2010, the Veteran is entitled to service connection for right upper extremity cervical radiculopathy (numbness in the right hand).,Effective December 30, 2010, the Veteran is also entitled to service connection for left upper extremity cervical radiculopathy (numbness in the left hand).

The Board found clear and unmistakable error in the original rating decision that granted service connection for neuropathy of bilateral lower extremity sciatic nerves, as it was based on an inadequate VA examination citing to presumptive disabilities without recognizing early onset is part of the requirement for peripheral neuropathy.

The Board has determined that the Veteran's claims for increased ratings for right lower extremity femoral radiculopathy and left lower extremity sciatic nerve radiculopathy need further examination to determine their current severity.