Radiculopathy & sciatica decisions — 2020

The Board has remanded the cases for further development and examination to determine the current severity of the Veteran's service-connected right-hand burn residuals, as well as their impact on his occupational and daily functioning. The claims are not about service connection but rather about rating determinations.

The Veteran's radiculopathy of the right and left lower extremities were granted increased ratings to 40% effective May 7, 2019.

The Veteran's right lower extremity radiculopathy with sciatic nerve involvement was granted a 20% rating effective April 30, 2015.

The Board has denied the Veteran's claim for service connection for a sciatic nerve condition, finding that there is not competent evidence linking the condition to service or his service-connected cervical spine disorder.

The Board has remanded the issue of service connection for diabetes mellitus type II (DM II) due to its potential secondary nature to a service-connected lumbar spine disability.

The Veteran's service connection claims for bilateral hand burn injury, lower back condition to include bilateral leg pain, neck burn injury, and face burn injury are remanded due to the need for additional examinations.

The Board denied service connection for a low back disorder, finding that the Veteran's current conditions were not incurred in or caused by his period of active service.

The Veteran's claims for effective dates prior to September 20, 2013 for service connection for prostate cancer, diabetic peripheral neuropathy of the sciatic nerve of the left lower extremity, diabetic peripheral neuropathy of the sciatic nerve of the right lower extremity, erectile dysfunction, and diabetes have been denied.,The Veteran's claims for effective dates prior to September 20, 2013 for service connection for prostate cancer, diabetic peripheral neuropathy of the sciatic nerve of the left lower extremity, diabetic peripheral neuropathy of the sciatic nerve of the right lower extremity, erectile dysfunction, and diabetes have been denied.,The Veteran's claims for effective dates prior to September 20, 2013 for service connection for prostate cancer, diabetic peripheral neuropathy of the sciatic nerve of the left lower extremity, diabetic peripheral neuropathy of the sciatic nerve of the right lower extremity, erectile dysfunction, and diabetes have been denied.,The Veteran's claims for effective dates prior to September 20, 2013 for service connection for prostate cancer, diabetic peripheral neuropathy of the sciatic nerve of the left lower extremity, diabetic peripheral neuropathy of the sciatic nerve of the right lower extremity, erectile dysfunction, and diabetes have been denied.,The Veteran's claims for effective dates prior to September 20, 2013 for service connection for prostate cancer, diabetic peripheral neuropathy of the sciatic nerve of the left lower extremity, diabetic peripheral neuropathy of the sciatic nerve of the right lower extremity, erectile dysfunction, and diabetes have been denied.

The Board has remanded the claims for bilateral hearing loss, lumbosacral spine disability, and radiculopathy of the right lower extremity due to deficiencies in prior examinations and lack of substantial compliance with previous remand instructions.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to inadequate VA examinations, specifically regarding the lumbar spine disability and bilateral lower extremity radiculopathy. The Veteran will need a new examination to address these issues.

The Board dismissed the appeals for earlier effective dates for right leg radiculopathy, tinnitus, and back disability as the Veteran withdrew his appeal regarding right leg radiculopathy. The claims for tinnitus and back disability were denied because no earlier claim was filed.

The appeal for a rating greater than 20 percent for the low back disability is denied. Ratings of 10 and 20 percent are granted for left leg radiculopathy from July 26, 2013 to April 12, 2018, and from April 13, 2018 respectively.

The Veteran's bilateral lower extremity radiculopathy of the sciatic nerve disability has been granted a 20 percent initial rating since February 10, 2018.

The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including right and left foot disabilities, lumbar strain, radiculopathy of the left lower extremity, TBI, left knee condition, right knee condition, and migraine headaches. The issues include determining whether pre-existing bilateral pes planus worsened during service and whether current plantar wart conditions are related to service.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including mental health conditions, GERD, hearing loss, ankle and spine disabilities, as well as a heart disability. The RO has not yet addressed the earlier effective dates for these conditions and is remanded to do so.

The Veteran's tinnitus has been granted service connection. The issues of service connection for PTSD and a thoracolumbar spine disorder have been remanded.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation prior to March 22, 2017. The Board finds that the evidence is in equipoise as to whether he can secure or follow such an occupation.

The Veteran's initial rating for a lumbar spine disorder is granted at 40 percent, effective from the date of this decision. A total disability rating based on individual unemployability (TDIU) is also granted.

The Veteran's PTSD is granted a 50% disability rating, and service connection for bilateral hearing loss is denied. The other issues are remanded.

The Board has granted service connection for a lumbar spine disability and bilateral lower extremity radiculopathy as secondary to the Veteran's back disability. The claim was reopened due to new evidence submitted more than one year after the last final denial.