Radiculopathy & sciatica decisions — 2020

The Veteran's lumbar spine disability is currently rated at 20% effective October 3, 2017. The claim for a higher rating remains denied after this date.

The Veteran's erectile dysfunction is granted as secondary to service-connected diabetes mellitus. The right and left lower extremity diabetic neuropathies of the sciatic nerve are granted a disability rating of 40 percent each, while the right and left lower extremity diabetic neuropathies of the femoral nerves are granted separate disability ratings of 20 percent each.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU on an extraschedular basis from March 14, 2007.

The Veteran's request for financial assistance to purchase an automobile and adaptive equipment is denied because he does not have a qualifying disability under the criteria set forth in 38 C.F.R. § 3.808.

The Veteran's emergency room treatment on January 27, 2014 for service-connected back pain and groin pain was approved as it posed a serious threat to his health due to the severity of his symptoms.

The Veteran's claim for increased rating and service connection for various disabilities are being remanded due to the need for additional medical opinions.

The Veteran's claims for service connection for right foot disability, lumbar spine disability and radiculopathy of the lower extremities are being remanded due to procedural issues and the need for additional medical opinions. The claim for TDIU is also being remanded as it is inextricably intertwined with the other claims.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment, so his claim for total disability rating based on individual unemployability (TDIU) was denied.

The Veteran's PTSD is rated at 70 percent, and a TDIU is granted. The Board found the Veteran does not meet criteria for a higher rating due to his symptoms being less severe than those warranting a 100 percent rating.

The Veteran's claims for increased ratings and service connection have been denied. The Board has remanded several issues related to TMJ disorder, shoulder disorders, ankle strain, and lower extremity radiculopathy.

The Board denied service connection for the Veteran's spine disabilities, finding that there was no evidence of a nexus between his current spinal conditions and an in-service injury or disease.

The Veteran's appeals for increased ratings in excess of 40 percent for degenerative arthritis of the thoracolumbar spine, right lower extremity radiculopathy (sciatic nerve), and left lower extremity radiculopathy (sciatic nerve) have been dismissed due to his withdrawal of these issues.

The Board dismissed all appeals seeking service connection for various conditions, including heart disorder, liver disorder, and psychiatric disorders. The appeals were dismissed due to the Veteran's death.

The Veteran's claims for increased ratings for his lower back strain, right and left knee strains, right and left lower extremity radiculopathies, tinea pedis of the fourth and fifth toes on the left foot, and a verruca on the right forearm have been denied. The current 40 percent rating for the combined conditions is maintained.

The Board has remanded the cases for additional development due to unresolved issues regarding service connection.

The Veteran's diabetes mellitus type 2 has required oral medication, insulin injections, and a restricted diet but not regulation of activities. The Board denied an evaluation in excess of 20 percent for diabetes.

The Veteran's service-connected disabilities have not been shown to warrant higher ratings, and the claims for increased ratings are denied.

The Board has determined that the VA examinations and opinions provided were not sufficient to address the Veteran's claims for service connection. The Veteran is being remanded for additional evaluations and opinions.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the time period from March 22, 2010, to March 14, 2012.

The Veteran withdrew his appeals for irritable bowel syndrome, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy and radiculopathy.