Radiculopathy & sciatica Board decisions

The Veteran's lumbosacral spine disability is now rated at 40% effective September 10, 2020. Other conditions have been denied or remanded.

The Veteran's appeal for an earlier effective date for a rating of 20 percent for spondylosis at L5 with degenerative joint disease and intervertebral disc syndrome is dismissed. The remaining issues are remanded for further development.

The Veteran's claims for service connection for various disabilities, including a left shoulder disability, bilateral wrist and ankle disabilities, and a back disability have been denied. The right shoulder disability, diabetes, and bilateral lower extremity radiculopathy are being remanded for further examination.,The Veteran was not provided with examinations to determine the current nature and etiology of his claimed conditions by VA since those in February 2013.

The Veteran's claims for effective dates prior to specific dates are being remanded due to procedural issues and lack of formal or informal claims.

The Veteran's claim for service connection for a hip disability is dismissed as the benefit was granted in a January 2020 rating decision.,Claims for earlier effective dates for increased ratings of 20 percent for back and bilateral lower extremity disabilities are denied. The Veteran did not have these conditions prior to February 10, 2015.,Service connection is denied for neck disability as there is no evidence it was incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for back and lower extremity radiculopathy disabilities are remanded. The Veteran's current effective date is February 10, 2015.,Service connection is denied for sleep apnea and asthma as there is no evidence they were incurred or caused by service-connected conditions.,Increased ratings in excess of 20 percent for right knee disability and total disability rating based on individual unemployability are remanded.

The appeal regarding the low back disability is dismissed. Service connection for cervical spine and upper extremity disabilities is granted.

The Board has remanded the claims for service connection for headaches, sleep apnea, right upper extremity nervous disorder (to include radiculopathy), left upper extremity nervous disorder (to include radiculopathy), and right ear hearing loss due to potential undiagnosed illness related to service in Southwest Asia. The Veteran's current diagnoses of these conditions are unclear, and further medical opinions are needed.

The Veteran's right foot plantar fasciitis was reduced from a 30% to a 10% disability rating, effective November 1, 2018.,The Veteran's right lower extremity radiculopathy of the sciatic nerve was reduced from a 20% to a 10% disability rating, effective November 1, 2018.,The Veteran's left lower extremity radiculopathy of the sciatic nerve was reduced from a 10% to a noncompensable disability rating, effective November 1, 2018.

The Board has remanded the claims for further development due to inadequate retrospective assessments of the Veteran's lumbar spine disability and lower extremity radiculopathy.

The Veteran's claim for increased ratings for degenerative disc disease at L4-L5 and radiculopathy of the sciatic and femoral nerves was granted, with specific ratings assigned. The Veteran also received a TDIU determination prior to December 23, 2016.

The Veteran's claim for service connection for a traumatic brain injury is denied as the evidence does not support a finding that he had such an injury during his active service.,The Veteran's lumbar spine disability, rated at 40 percent prior to August 19, 2014, and 20 percent thereafter, is remanded for further development due to inconsistencies in the medical records regarding the nature of the injuries sustained during service.,The Veteran's right lower extremity radiculopathy is granted a higher rating of 40 percent from November 8, 2019, but his left lower extremity radiculopathy remains at 40 percent. Both conditions are remanded for further development.,The Veteran's bilateral hearing loss claim is also remanded as the evidence does not meet the criteria for a higher rating.

The Veteran's claim for increased ratings for his bilateral lower extremity peripheral neuropathy was denied. The conditions were rated based on the severity of incomplete paralysis, with no higher ratings available.

The Veteran's radiculopathy of the left lower extremity is granted service connection, while his back disability remains remanded for further evaluation.

The Veteran's appeals for increased ratings for spondylolisthesis and radiculopathy of the left lower extremity have been dismissed due to his death.

The Veteran's appeal was dismissed as he requested to withdraw his claims for spleen disability and right knee scar.,The claim for service connection for OSA has been reopened due to the submission of new evidence.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective October 8, 2021.,Separate initial ratings of 10 percent each are granted for sciatic radiculopathy of the left and right lower extremities from May 5, 2009 to May 5, 2013. Effective May 15, 2013, separate initial ratings of 10 percent each are granted.,Separate initial ratings higher than 10 percent for sciatic radiculopathy of the left and right lower extremities from May 15, 2013 to March 5, 2020 are denied.

The Veteran's claims for higher initial ratings in excess of 20 percent for his service-connected bilateral lower extremity radiculopathy (sciatic nerve) and femoral nerves have been denied.,The Board finds that the weight of the evidence is against finding that the criteria for a rating in excess of 20 percent are warranted for the Veteran's left and right lower extremity radiculopathy (sciatic and femoral nerves).

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment, thus the TDIU claim was denied.

The Board denied the Veteran's claim for a TDIU due to his bilateral knee conditions and associated disabilities, finding that none of his service-connected disabilities meet the schedular criteria for a TDIU. The Board also found no evidence of unemployability due to these disabilities alone.

The Veteran's multiple service-connected disabilities, including TBI and PTSD, do not prevent him from securing or following substantially gainful employment due to his educational and occupational history.