Radiculopathy & sciatica decisions — 2020

The Board has remanded the cases for additional development to ensure compliance with prior remand directives and to obtain relevant medical records.

The Veteran's claims for increased ratings and other issues are being remanded due to the need for additional development, including VA examinations.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the Veteran did not meet schedular requirements for a higher rating, except for his painful midback scar which was granted a 10% rating.

The Board has found that the VA examinations and opinions provided are inadequate, particularly regarding the nature and etiology of the Veteran's lumbosacral spine, left knee, right knee, and eye disabilities. The claims for these conditions are therefore remanded to allow for further development.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation, and the Board has granted TDIU benefits.

The Veteran's claims for service connection and effective dates have been granted. Service connection was established for radiculopathy, sciatic nerve, right lower extremity on January 29, 2013, with an effective date of that day.

The Veteran's service-connected disabilities do not result in the need for regular aid and attendance of another person, as he is capable of performing daily living tasks without assistance.

The Veteran's PTSD, left and right lower extremity radiculopathy have been granted service connection and increased ratings to 40% each.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient evidence in previous examinations, outstanding treatment records, and issues related to the onset and severity of his service-connected disabilities.

The Veteran's back disability and right lower extremity radiculopathy are not rated higher than the current levels.,The Veteran’s right knee disability is remanded for further evaluation.

The Veteran's TDIU and DEA benefits are granted for the period from April 27, 2009 to May 31, 2010. The periods prior to April 27, 2009 and from June 1, 2010 to February 28, 2012 are remanded for extraschedular consideration.

The Board granted an effective date of May 26, 2010 for the grant of service connection for right and left lower extremity radiculopathy.,The Veteran's claim for a higher rating for his lower extremity radiculopathy was denied.

The Veteran's service-connected mechanical low back pain is rated at 40 percent effective February 20, 2020. The rating for left lower extremity radiculopathy has been increased to 40 percent effective the same date.,A separate 20 percent rating for right lower extremity radiculopathy remains denied.

The Veteran's lumbar spine disability and radiculopathy of the right sciatic and femoral nerves are currently rated at 40 percent, 20 percent, and 20 percent respectively. The appeal is denied as there is no evidence to warrant a higher rating.

The Veteran's anxiety disorder with major depressive disorder is granted a 70 percent rating, radiculopathy of the right and left lower extremities are each granted a 10 percent rating, and her right shoulder sprain is granted a 40 percent rating. The Veteran is also granted TDIU.

The Veteran's claim of service connection for TBI, neck spine disorder, neuropathy/radiculopathy of the arms, migraine headaches, and impaired vision is granted. However, his claim for bilateral hearing loss remains denied.

The Board has decided to remand several claims for further development due to the Veteran's failure to appear for VA examinations. The claims include a rating in excess of 10 percent for left middle finger fracture, service connection for right leg radiculopathy, bilateral fallen arches, post circumcision residuals, left foot pain, right shoulder condition, and left pinky condition.

The Board denied the Veteran's claim for special monthly compensation based on the need of regular aid and attendance or by reason of being housebound, finding that his service-connected disabilities did not render him helpless enough to require regular aid and attendance.

The Veteran's service-connected disabilities, including major depressive disorder and chronic low back pain, have been found to meet the criteria for specially adapted housing eligibility. The claim for a special home adaptation grant is moot as he has already received eligibility for specially adapted housing. His request for financial assistance for automobile or other conveyance and adaptive equipment was denied due to lack of meeting eligibility criteria.

The Board has remanded the cases due to insufficient examination reports and the need for further clarification of the current severity of the service-connected lower extremity diabetic femoral and sciatic nerve neuropathy.