Radiculopathy & sciatica decisions — 2020

The Veteran's TDIU was granted with an effective date of March 31, 2017. The Board found that the increase in disability occurred on this date due to his service-connected back pain.

The Board has remanded the claims for service connection for DDD of the lumbar spine and radiculopathy of the bilateral lower extremities, including as secondary to DDD of the lumbar spine. The Veteran's complaints of recurrent back pain in April 1991 are being evaluated for their potential relation to current DDD, and a VA medical opinion is needed regarding whether the radiculopathy had its onset during service or is related to service-connected conditions.

The Board denied service connection for left and right lower extremity radiculopathy associated with the Veteran's service-connected lumbar myositis due to a lack of diagnosed disabilities.

The Veteran's claims for specially adapted housing and special home adaptation grants were denied as she does not meet the criteria for eligibility based on her service-connected disabilities.

The Board has remanded the Veteran's claims for higher ratings for lumbar degenerative disease and radiculopathy of the bilateral lower extremities, as well as his claim for service connection for an acquired psychiatric disability. The case is being returned to the AOJ for further development.

The Veteran's claim for an earlier effective date and a higher rating for left lower extremity radiculopathy is granted, along with SMC based on the need for aid and attendance due to his service-connected disabilities.

The Board has remanded the case for further development, including obtaining updated VA treatment records and conducting a VA examination to assess the Veteran's employment capacity due to his service-connected back disorder and associated lower extremity radiculopathy.

The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for his back disability and entitlement to TDIU due to service-connected back disability. The reasons are that there was not substantial compliance with previous remand directives regarding the issues, and another examination is needed.

The Board has decided to remand several claims, including those for increased ratings and service connection. The Veteran needs new VA examinations due to worsening symptoms of his lumbar spine disability and radiculopathy, as well as a medical opinion regarding his erectile dysfunction and renal failure.

The Veteran's hypertensive heart disease with syncope is rated at 30 percent, which is the maximum rating available under DC 7007. The Veteran's hypertension does not meet the criteria for a compensable rating.,The Veteran's hypertension has been rated as noncompensable (0%) throughout the period on appeal due to his diastolic pressure remaining below 100 and systolic pressure being between 100-160. The Veteran is currently in receipt of a 10% rating for right lower extremity radiculopathy from January 7, 2014.,The Veteran's left lower extremity radiculopathy has been rated as 10% since October 1, 2008. The Board found that the disability is most analogous to mild incomplete paralysis of the sciatic nerve and thus warrants a 10% rating.

The Board has found that there was not substantial compliance with its remand instructions and thus the appeals are being returned to the AOJ for further development.

The Veteran's lumbar spine disability is rated at 40% and denied for a higher rating.,For the period prior to February 18, 2020, left lower extremity radiculopathy was granted at 40%. For right lower extremity radiculopathy, it was granted at 10%.

The Board has denied the Veteran's claims for service connection for various conditions, including low back disability, sciatic nerve disorder, left and right knee disabilities, left and right hip disabilities, and lower extremity radiculopathies. The primary basis for denial is that there is no evidence of a direct relationship between these conditions and service.

The Board has remanded the Veteran's claims for right and left lower extremity radiculopathy as well as his claim for a TDIU due to missing VA treatment records and an incomplete peripheral nerves examination.

The Veteran's low back disability was restored to a 40 percent rating effective August 18, 2015. The right upper extremity radiculopathy and cervical spine disabilities were not granted increased ratings.

The Veteran was granted a TDIU from April 6, 2010 to August 20, 2012. For the period prior to January 22, 2018, his PTSD was rated at 70 percent.

The Veteran's appeals have been dismissed due to the withdrawal of the appeal by the Veteran and his authorized representative.

The Veteran's low back disability is rated at 40 percent beginning January 29, 2018. The Board has remanded the issues of rating higher than 40 percent for the lumbar spine disability and rating higher than 10 percent for the lower extremity radiculopathies.

The Board has remanded the cases for additional development, including obtaining complete medical records and arranging for an orthopedic examination. The Veteran's claims for increased rating and service connection are also being considered in light of new evidence.

The Veteran's prostate cancer residuals are currently rated at 40 percent and no higher.,Diabetes mellitus is rated at 40 percent and no higher.