Radiculopathy & sciatica decisions — 2020

The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a TDIU prior to June 19, 2017 due to his employment status and income records.

The Board has remanded the Veteran's claims for service connection due to incomplete records and duty-to-assist errors. The claims will be reviewed again with additional medical evidence and expert opinions.

The Veteran withdrew his appeals for the initial disability ratings in excess of 20 percent for degenerative arthritis of the spine, left sciatic radicular pain and paresthesias, and right sciatic radicular pain and paresthesias before a decision was made.

The Veteran's appeal for increased ratings for acquired psychiatric disorders, lumbar spine disability, right shoulder disability, and radiculopathy in the right lower extremity was denied. The Veteran is not entitled to a higher rating for any of these conditions.

The Veteran's right ankle disability is granted a 20% rating, effective October 29, 2020.,The Veteran's lumbar spine disability is granted a 20% rating, effective September 21, 2019. The left leg radiculopathy is also granted a 20% rating for the period since August 11, 2011.

The Veteran's claims for service connection for chronic fatigue syndrome, PTSD, irritable bowel syndrome (IBS), eczema, reproductive disorder, headache disorder, back disorder, right knee disorder, left knee disorder, sciatica/radiculopathy of the right lower extremity, and sciatica/radiculopathy of the left lower extremity are all remanded for additional development.

The Board has remanded the Veteran's claims for cervical degenerative disc disease and lumbar spondylosis, degenerative changes with disc extrusion and herniation due to a lack of adequate examination.,For all other issues on appeal, the Veteran is entitled to increased ratings.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The Board has denied service connection for fatigue and remanded the claim for lumbar spine degenerative disc disease with bilateral lower extremity radiculopathy.

The Board denied increased ratings for right and left lower extremity radiculopathy, finding that the Veteran's disability is analogous to no more than moderate incomplete paralysis of the sciatic nerves.

The Veteran's PTSD symptoms prior to May 27, 2020 most closely approximated occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood. The Veteran’s LLE radiculopathy did not manifest as complete or severe incomplete paralysis at any time during the period on appeal.

The Board dismissed the appeals for increased ratings for service-connected degenerative disc disease and intervertebral disc syndrome of the lumbar spine, as well as left lower extremity radiculopathy associated with these conditions.

The Board has remanded the Veteran's claims for a staged initial rating in excess of 10 percent for radiculopathy of the left and right lower extremities due to outstanding medical records not being obtained.

The Veteran's appeals for higher disability ratings for diabetes mellitus, type II; left and right lower extremity diabetic peripheral neuropathy (sciatic nerve); and PTSD have been denied. The Board found that the criteria for higher ratings were not met.

The Veteran's low back disability is rated at 40 percent, effective November 22, 2004.,Increased ratings of 20 percent for left and right lower extremity sciatic nerve radiculopathy are granted, both effective June 26, 2006.,The Veteran's claim for an earlier effective date for the award of a separate evaluation for right lower extremity femoral nerve radiculopathy is remanded.

The Board has remanded the claims for service connection and initial disability ratings due to new VA treatment records being added to the file. The AOJ will review these records and readjudicate the claims.

The Veteran's hypertension is granted as secondary to his service-connected diabetes mellitus. The reduction in rating for diabetes mellitus from 40 to 20 percent, effective January 1, 2018, was proper. Service connection has been established for PTSD, diabetic nephropathy, peripheral neuropathies of the sciatic and femoral nerves, prostate cancer residuals, right knee disability, left knee disability, and service-connected conditions that have not resulted in a higher rating.

The Veteran's sciatic nerve conditions in both lower extremities are rated at 40 percent effective from December 7, 2018.

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2019 was denied as there is no evidence showing he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Veteran's left lower extremity radiculopathy evaluation is remanded due to the inadequacy of a previous VA examination.