Radiculopathy & sciatica Board decisions

The Board has found that new and material evidence has been received to reopen the claims for service connection for headaches, chronic fatigue, sinusitis, a lumbar spine disability, and right lower extremity radiculopathy. However, the preponderance of the evidence is against finding that these conditions were incurred in or are otherwise related to service.

The Board has determined that the reduction of ratings for right and left lower extremity sciatic neuropathy from 20 percent to 10 percent was improper, and has restored the original 20 percent ratings. The issues of increased ratings for lumbosacral spine disability and bilateral sciatic neuropathy are remanded due to lack of recent VA examination records.

The Board has reopened the service connection claim for a low back disorder due to new and material evidence. However, the issue of whether the lumbar spine disability is related to active service remains pending as the case is remanded for further examination.

The Veteran's right lumbar radiculopathy is remanded for a new VA examination to assess the current severity of his disability. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claim.

The Veteran's sciatic radiculopathy and IVDS were rated based on their current severity, with the highest rating granted for LLE sciatic radiculopathy from October 30, 2014. The Veteran was also granted TDIU for a period of time.

The Board has granted the Veteran's claim for service connection for right lower extremity sciatica as secondary to his now service-connected lumbar spine disability.

The Board has remanded the claims of service connection for left and right leg sciatica, as well as an initial compensable evaluation for a scar on the right distal forearm. These issues are being returned to the AOJ for further development.

The Veteran's post-operative right inguinal hernia has not been shown to be recurrent. The most probative evidence of record reflects that for the period on appeal the Veteran has been shown to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.,The Veteran is already in receipt of a separate 10 percent rating under Diagnostic Code 7802 for his residual, scar post-operative right inguinal hernia. A higher rating under Diagnostic Code 7802 is not warranted.,The Veteran's combined evaluation exceeded 40 percent from March 23, 2007, and he meets the schedular requirements for entitlement to a TDIU.

The Veteran's service-connected lumbar spine disability and associated radiculopathy prevented him from maintaining gainful employment as of May 23, 2013. The Board granted an effective date of May 23, 2013 for the award of a total disability based on individual unemployability (TDIU).

The Board has decided to remand the Veteran's claim for a VA examination and further development due to insufficient evidence on file.

The Veteran's right chronic anterior talofibular ligament injury is granted a 20 percent rating, but no higher. The Veteran also receives a TDIU due to service-connected disabilities.

The Board has determined that the Veteran's left lower extremity radiculopathy is related to his service-connected lumbar spine strain with degenerative changes, and thus grants service connection for this condition.

The Board has remanded the claims for service connection for various conditions including low back disorder, left knee disorder, right knee disorder, lower extremity radiculopathy, circulatory disorder, gastric disorder (including GERD), acquired psychiatric disorder, psoriatic arthritis, and liver disorder due to incomplete development.

The Board denied service connection for right lower extremity sciatica or nerve damage, left lower extremity sciatica or nerve damage, low back disability, right foot disability, and left foot disability. The claim of entitlement to service connection for an acquired psychiatric disorder was also denied.,Service connection was not granted as the evidence did not show a current disability at any point during or in proximity to the appeal period.

The Veteran's left ear hearing loss and bilateral tinnitus were not related to service, as there was no evidence of in-service noise exposure or continuity of symptoms.,PTSD was denied due to lack of credible supporting evidence for the claimed stressors. Sleep apnea was denied because there is no evidence of a current disability that began during service.,Low back disorder and right-sided sciatica were not related to service, as there are no records indicating an in-service injury or chronic symptoms after separation.,Right ankle disorder was also not related to service, with the absence of any documented injuries or relevant symptoms.

The Board has restored the reduced ratings for left and right lower extremity sciatic nerve radiculopathy, but has remanded other claims including evaluations for ankle fracture, lumbar spine condition, knee conditions, and TDIU.

The Veteran's service-connected right leg sciatica is rated at 40 percent effective from August 6, 2019. The Board finds that the disability meets the schedular requirements for a TDIU due to his severe and ongoing service-connected disabilities.

The Board has remanded the case to the Director, Compensation Service for consideration of whether the Veteran is entitled to TDIU on an extraschedular basis due to his service-connected 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 current back condition and lower extremity disabilities are related to his military service.

The Veteran's claim for service connection for lumbar radiculopathy is denied as there is no confirmed diagnosis of the condition during the appeal period.