Radiculopathy & sciatica decisions — 2019

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the issuance of an incomplete Statement of the Case (SOC). The issues include PTSD, PN of the bilateral lower extremities involving both the sciatic and femoral nerves, DM, urinary incontinence, and TDIU.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU.

The Veteran's lumbosacral strain is rated at 10 percent since January 1, 2019 and denied for higher ratings prior to that date.,The Veteran's radiculopathy of the right lower extremity was initially granted a 20 percent rating effective January 1, 2019.,The Veteran is now entitled to a TDIU based on his service-connected disabilities.

The Board has remanded the cases for further development due to deficiencies in the examinations provided.

The Board has determined that the Veteran is entitled to SMC based on aid and attendance from January 23, 2018 due to his service-connected disabilities making his daily environment hazardous.

The Board has determined that there were duty to assist errors in the rating decisions for the Veteran's right and left lower extremity sciatic nerve disabilities, as well as his service-connected back disability. The cases are being remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board has denied the Veteran's claims for service connection for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.,Service connection was not granted as there is no evidence of a chronic low back disability during or within one year after service. The Veteran’s current degenerative arthritis of the spine did not manifest within the presumptive period.

The Veteran's claims for effective dates prior to May 8, 2015 have been dismissed.,The Veteran's claims for increased evaluations and initial disability ratings have been remanded.

The Board has granted service connection for a lumbar spine disability, right and left lumbar radiculopathy, and awarded a 30 percent rating for sinusitis. The Veteran's sinusitis is currently rated as noncompensable.

The Veteran's claims for increased ratings for radiculopathy of the lower extremities have been denied. The Board found that the evidence did not meet the criteria for a higher rating prior to June 30, 2016 and from August 30, 2017 onwards.

The Board has decided to remand the claim for a higher rating for the Veteran's lumbar spine disability due to insufficient information provided by the VA examinations. The Veteran will need to undergo another examination to provide details on the severity of his condition and its impact.

The Board has remanded the claims for an initial rating in excess of 40 percent for DDD of the low back, service connection for right and left lower extremity radiculopathy secondary to service-connected back disorder, and service connection for an acquired psychiatric disorder, including depression and bipolar disorder.

The Board has denied the Veteran's claims for earlier effective dates for service connection of various conditions, including right shoulder strain, left shoulder strain, lower back injury, shin splints (both legs), and radiculopathy. The effective date remains July 26, 2016.

The Board dismissed the appeal for an earlier effective date for radiculopathy sciatic nerve, right lower extremity. The claims of service connection for ankle and knee disabilities were reopened due to new evidence submitted by the Veteran. However, the appeals for TDIU prior to February 28, 2018, and as of that date, remain pending.

The Board has determined that a more current examination is needed to rate the Veteran's service-connected disabilities due to the passage of time and changes in his condition since the last examinations.

The Veteran's neurological disorder, including complex regional pain syndrome, bilateral sciatica, and diabetic peripheral neuropathy in both upper and lower extremities, is granted as service connected. The Board found that the condition had its onset during service and is related to service.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that he was not unemployable prior to January 15, 2013.

The Board denied service connection for meningioma status post resection and an acquired psychiatric disorder, as well as secondary service connection for cranial nerve paralysis and left leg sciatic nerve paralysis, all of which were deemed not related to service or service-connected conditions.

The Veteran's claims for service connection for cholesterol, hypertension, and neuropathy of the bilateral upper and lower extremities have been denied as there is no evidence showing that these conditions were incurred or aggravated during his military service.

The Board has remanded the case due to new evidence received after the last rating decision, which suggests possible bowel function related manifestations and IVDS. The Veteran needs additional VA examinations to determine the severity of his lumbar spine disability.