Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased ratings and effective dates were denied. The TDIU claim was also remanded.

The Veteran's bilateral femoral and sciatic nerve disorders, as well as his bilateral hip disorder and foot skin disorder (tinea pedis and onychomycosis), are all granted effective from February 17, 2005.

The Veteran's diabetes mellitus is rated at 20 percent, but the Board denied an increased rating. The TDIU claim was also denied as his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathies are granted with a 20% rating for the entire appeal period.

The Board denied the Veteran's appeal for an earlier effective date and a higher rating for his left sciatic nerve radiculopathy, stating that it is part of his service-connected lumbar spine disability rated under DC 5293.

The Veteran is granted annual VA clothing allowances for the year 2017 due to use of his bilateral knee braces, which tend to wear out his pants.

The Board has remanded the Veteran's claims of service connection for left knee disability, right knee disability, left leg disability with sciatica, and left eye disability due to incomplete service treatment records. The Veteran will be afforded new VA examinations to address these issues.

The Veteran's application to reopen his claim for service connection for sleep apnea was granted. His radiculopathy of the left lower extremity (sciatic) associated with lumbar degenerative disc disease with radiating symptoms into the left lower extremity is rated at 10 percent, and his major depressive disorder remains at a 30 percent rating.

The Board denied earlier effective dates for the establishment of service connection for left lumbosacral radiculopathy and lower extremity sensory polyneuropathy, right lower extremity sensory polyneuropathy, left internal saphenous nerve, and right internal saphenous nerve. The effective date was assigned as March 21, 2017.

The Veteran's appeal is remanded for additional medical opinions and examinations to address the nature, etiology, severity, and service connection of his gastrointestinal disorder, urinary dysfunction, erectile dysfunction, and lumbar spondylosis.

The Veteran's back condition did not manifest ankylosis or incapacitating episodes during the period on appeal. The Board denied a higher disability rating for DJD of the lumbar spine.,The Veteran withdrew his claim for increased tinnitus prior to the promulgation of a decision by the Board.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's neck disability is related to his service. The VA will need to obtain additional medical opinions and records.

The Board has remanded the cases for a new examination to assess the current severity of the Veteran's bilateral lower extremity neuropathies due to his testimony suggesting that the previous examination was not fully representative.

The Veteran's claim for service connection for bilateral hearing loss has been reopened, and he is now entitled to a disability rating of 20 percent for his spondylolisthesis at L5-S1. His right lower extremity radiculopathy also warrants a 40 percent disability rating. However, the TDIU claim was denied as the Veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's onychomycosis of the bilateral toenails and left leg radiculopathy have been granted increased ratings. The onychomycosis is rated at 10 percent, while the left leg radiculopathy is rated at 20 percent.

The Veteran's TDIU claim is denied prior to August 22, 2018 and remanded for further development due to insufficient information on his employability from that date forward.

The Veteran's right shoulder disorder is denied as there is no evidence of injury during service and the earliest documented chronic condition is several years after service.,The Veteran's sciatic radiculopathy was rated at 20% effective January 5, 2016, based on a VA peripheral nerve examination.

The Board has remanded the Veteran's claims for bilateral lower extremity radiculopathy and lumbar spine spondylosis with degenerative disc disease due to inadequate examinations and incomplete evidence.

The Veteran's service-connected disabilities have been shown to preclude substantially gainful employment, and the Board finds that a TDIU on an extraschedular basis is warranted.

A rating in excess of 10 percent for lumbar spondylosis is denied.,A rating of 20 percent, but no higher, for left lower radiculopathy is granted, subject to the laws and regulations governing the payment of monetary benefits.,A rating of 20 percent, but no higher, for right lower radiculopathy is granted, subject to the laws and regulations governing the payment of monetary benefits.