Radiculopathy & sciatica Board decisions

The Board has decided to remand the claims for service connection for low back pain, sciatica, and chronic cystitis due to new evidence submitted by the Veteran. The claim for a sleeping disorder (insomnia) is also remanded as it may be related to the Veteran's back disability.

The Board has decided to remand the claims for an upper spine condition and radiculopathy of the bilateral upper extremities due to inadequate examination following a prior remand.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed as he has withdrawn his appeal.

The case is being remanded due to the addition of relevant evidence and outstanding VA records that need to be reviewed. The Veteran's claims for increased ratings and earlier effective dates are also being remanded.

The Veteran's claim for a higher rating for IVDS of the lumbar spine was granted, and he received a 40% rating effective from October 9, 2018. The claims for left hip flexion limitation, sciatic and femoral nerve peripheral neuropathies, obturator, external cutaneous, and ilio-inguinal nerve peripheral neuropathies were also granted.

The Veteran's tinnitus was granted service connection. The Board found the neck disability and bilateral upper extremity radiculopathy/neuropathy issues were remanded for further examination and evidence collection.

The Board has remanded the case for further development and examination to determine if a higher rating is warranted for the Veteran's service-connected conditions, including spondylosis and spinal stenosis with IVDS and degenerative arthritis, left lower extremity radiculopathy, and left foot plantar fasciitis. The TDIU issue has also been remanded.

The Board has dismissed the Veteran's appeal for service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg due to his withdrawal during a hearing. The issue of service connection for a urethral stricture (claimed as a urology condition) is remanded.

The issue of entitlement to service connection for bilateral lower extremity radiculopathy is dismissed without prejudice.,The issues of entitlement to an initial evaluation in excess of 20 percent disabling for the period prior to April 4, 2017, and in excess of 40 percent disabling for the period thereafter, for service-connected residuals of low back injury with compression fracture of T11 and mild degenerative changes; entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) for the period prior to June 1, 2011 are remanded.,The issues of entitlement to service connection for sleep apnea, migraines, sinusitis, GERD, and bilateral athlete's foot are remanded.,,,,,

The Veteran's claims for increased ratings and service connection for attention deficit hyperactivity disorder were denied. The appeals for higher ratings for the thoracolumbar spine disability and right lower extremity radiculopathy are also denied.

The Board has remanded the cases for additional development, including obtaining medical records and conducting examinations to address the Veteran's claims.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed and has been for several years.

The Veteran's migraine headaches are rated at 50 percent from December 19, 2018. Service connection for sleep apnea is granted. Service connection for left lower extremity radiculopathy and left hip disability is denied.

The Veteran's peripheral neuritis of the sciatic nerve in both lower extremities and femoral nerve in the left lower extremity have been rated at 40 percent since July 30, 2015. The appeals for higher evaluations are denied.

The Veteran's right lower extremity radiculopathy was granted a rating of 20 percent, but no more. The left lower extremity radiculopathy was also granted a rating of 20 percent, but no more. However, the issues regarding service connection for knee conditions were remanded.

The Veteran is granted SMC under 38 U.S.C. § 1114(m) for loss of use of both legs and SMC under 38 U.S.C. § 1114(l) based on the need of regular aid and attendance due to multiple service-connected disabilities other than those indicating that he has loss of use of both legs.,The Veteran is also granted SMC under 38 U.S.C. § 1114(o).,However, the Veteran's entitlement to SMC under 38 U.S.C. § 1114(r)(2) remains pending as it requires a higher level of care which has not been determined.

The Veteran's right lower extremity radiculopathy of the sciatic nerve is granted a 40 percent rating, effective September 24, 2020. The Veteran's right lower extremity radiculopathy of the femoral nerve and left lower extremity radiculopathy of the sciatic nerve are each granted a 10 percent rating, effective September 24, 2020. Urinary incontinence is denied.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment consistent with his educational background and work history since at least February 12, 2013.

Service connection for PTSD has been granted with a rating of 70 percent, effective from February 5, 2021.,Service connection for various conditions including heart condition, left foot condition, right and left wrist conditions, migraines, and depression have also been granted.

The Veteran's lumbar spondylolysis with minimal L5 on S1 anterolisthesis and bilateral lower extremity radiculopathy have been granted increased ratings to 40 percent effective December 29, 2014.