Radiculopathy & sciatica decisions — 2024

The Board has denied service connection for sciatica and remanded the claim for a right shoulder disorder. The decision on the right shoulder disorder is pending, with a new VA medical opinion needed to substantiate the appeal.

The Veteran's TDIU and DEA benefits are granted effective June 15, 2021, due to his service-connected disabilities.

The Veteran's radiculopathy of the right femoral nerve is granted an initial 30 percent rating, as it causes discomfort or hardship.

The Board has dismissed all appeals for initial compensable ratings and service connection due to the appellant's withdrawal of the appeal.

The Veteran's appeals for increased disability evaluations of cervical radiculopathy, right and left upper extremities, were dismissed as the Veteran withdrew from the appeal through an authorized representative.

The Board has determined that the Veteran's lumbar degenerative disc disease does not warrant a rating in excess of 20 percent, as his forward flexion is limited to at most 50 degrees and there is no evidence of ankylosis or unfavorable ankylosis.

The Veteran's claims for increased ratings for thoracolumbar strain with degenerative arthritis and degenerative disc disease, as well as lumbar radiculopathy, left lower extremity, are being remanded due to a duty to assist error. The Board requests that the Veteran provide information about any private treatment providers he has used.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis, left lower leg radiculopathy (sciatic nerve), and right lower leg radiculopathy (sciatic nerve) was granted effective May 7, 2021.

The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.

The Veteran's claims for increased ratings were denied as the evidence did not support a higher disability rating for his bilateral upper extremity radiculopathy, right lower sciatic nerve (sciatica), and cervical spine torticollis with degenerative disc disease and arthritis.

The Veteran's appeal has been dismissed as he requested withdrawal of the appeal.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, considering his education and work history. Therefore, TDIU is granted.

The Veteran's MDD, rated at 100 percent since August 20, 2020, and other service-connected conditions have resulted in an effective date of August 20, 2020, for a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected conditions, including panic disorder in remission and chronic pain disorders. Therefore, secondary service connection for OSA is granted.

The Veteran's claim for a higher rating for right lower extremity radiculopathy is being remanded due to the need to obtain additional private treatment records.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his heart and spine disabilities, as well as their relationship to service. The AOJ will provide a VA examination to address these issues.

The Veteran's cervical spine disability and migraines are granted as service connected. The right shoulder tendinosis is remanded for further review.

The Veteran's service connection claims for left and right leg sciatica, lumbar strain with degenerative disc disease, gastroesophageal submucosal lesion, and hypertension have all been denied.,There is no current evidence of a disability in any of the claimed conditions.

The Veteran's initial ratings for left and right lower extremity sciatic neuritis are granted at 40 percent each, effective January 1, 2022. Initial ratings of 20 percent for left and right lower extremity femoral neuritis are also granted, effective January 1, 2022.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that it was not factually ascertainable that his service-connected disabilities increased to preclude substantially gainful employment within one year prior to the date of his claim.