Radiculopathy & sciatica decisions — 2020

The Board has remanded both issues due to inadequate examinations in the previous decision. The Veteran's claims for a higher rating and service connection are now pending with new evidence required.

The Veteran's claims for increased evaluations for lumbar spine disability, neurogenic bladder disability associated with lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were denied. The Board found that the current ratings adequately reflected the severity of the disabilities.

The Veteran's appeal is remanded for additional evaluations and documentation to determine his eligibility for VR&E services, including a change in the vocational rehabilitation employment goal, additional education in pursuit of an M.D., or other appropriate training.

The Veteran's service-connected disabilities, including back disorder, bilateral lumbar radiculopathy of the lower extremity sciatic nerves, tinnitus, and GERD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's sciatica of the bilateral lower extremities is granted as secondary to his service-connected lumbar strain.

The Board has denied the Veteran's claims for service connection for bilateral upper extremity disabilities, finding that there is no evidence to support a nexus between the claimed conditions and his service-connected cervical spine disability. The claim was previously remanded due to insufficient medical opinions regarding the etiology of the upper extremity neurologic disability.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.

The Board has remanded several issues related to the Veteran's service-connected foot conditions and right upper extremity neuropathy. The claims for higher ratings, effective dates, and service connection are pending.

The Veteran's service connection claims for multiple disabilities were denied, and the effective dates assigned are not earlier than February 27, 2017.,VA did not grant an earlier effective date for SMC at the housebound rate as the Veteran did not have a single service-connected disability rated at 100% prior to February 27, 2017.

The Board has determined that an effective date earlier than October 24, 2013 for the award of service connection for right lower extremity radiculopathy is denied. The Veteran's claim seeking an earlier effective date is not warranted as there was no clinical diagnosis of radiculopathy prior to October 24, 2013.

The Board has granted service connection for lumbar spine degenerative disc disease and right leg sciatica, as secondary to the lumbar spine condition. Service connection for papillary thyroid cancer is remanded.

The Board has remanded the Veteran's claims for a compensable rating for non-Hodgkin's lymphoma, initial increased ratings in excess of 10 percent for left and right lower extremity sciatic nerve neuropathy, and a total disability rating based on individual unemployability (TDIU) due to incomplete compliance with its previous remand instructions.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain, left and right lower extremity radiculopathy, as well as his claim for TDIU prior to April 23, 2019. The remand requires additional development including obtaining updated VA treatment records and scheduling a new examination.

The Veteran's claim for earlier effective dates for separate ratings of radiculopathy of the right and left lower extremities, as well as Dependents' Educational Assistance (DEA), was denied. The Veteran's right eye condition is currently rated at 30%.,VA determined that there were no incapacitating episodes or other medical evidence supporting a higher rating for the Veteran's right eye maculopathy, metamorphopsia, and retinal detachment.

The Board has decided to remand the TDIU claim due to insufficient medical inquiry into the Veteran's employability. The case is returned for further development and consideration.

The Veteran's claims for higher initial ratings for peripheral neuropathy of the right upper extremity, left upper extremity, femoral peripheral neuropathy of the right lower extremity, and left lower extremity have been denied.,The Veteran's claim for a 20 percent rating for sciatic peripheral neuropathy of the left lower extremity has been granted, subject to further development.,The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Board has remanded the claims for rating higher than 10 percent for right and left knee disabilities due to lack of clarity in the September 2018 examination report regarding whether the Veteran was wearing braces during his evaluation. The Veteran is also requested to provide updated VA treatment records.

The Board has dismissed all claims due to the Veteran's death.

The Board has reopened the Veteran's claims for service connection for cervical spine and PTSD disabilities, but has not yet decided whether these claims are well-grounded or granted. The case is REMANDED to allow further development.

The Board has remanded the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's lumbar spondylosis with sciatica is at least as likely as not etiologically related to military service.