Radiculopathy & sciatica decisions — 2021

The Veteran's sciatica of the left leg is rated at 20 percent, but does not meet the criteria for a higher rating.,Service connection claims for an acquired psychiatric disorder (including PTSD and major depressive disorder), a left ankle disability, and a right leg disability (including right knee and right hip) are remanded due to incomplete information in the Veteran's service records.,The Veteran's left ankle disability and right leg disability (including right knee and right hip) remain unresolved as there is insufficient evidence regarding their etiology.

The Veteran's left lower extremity radiculopathy affecting the sciatic nerve was granted a disability rating of 40 percent from August 30, 2018 to May 24, 2021. The other conditions were denied.

The Board has remanded the cases for further development and an addendum medical opinion to determine if the Veteran's service-connected lumbar spine disability warrants a higher rating.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) is denied. The Board found that the Veteran did not meet the criteria for TDIU due to his service-connected disabilities, as they did not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a higher rating for bilateral lower extremity radiculopathy effective June 17, 2021.,Prior to May 18, 2021, the Veteran did not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).,Beginning May 18, 2021, the Veteran was granted TDIU status.

The Veteran's claim for an increased rating for left leg radiculopathy and spondylolisthesis, as well as his TDIU from October 31, 2012, is granted. The claim for a compensable rating for scar status post spinal fusion remains pending.

The Veteran's appeals for service connection of anemia, erectile dysfunction, and compensable rating for surgical scars were granted. The reduction in ratings for lumbar radiculopathy was found to be improper and restored.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person.

The Veteran's right knee disability is rated as 30 percent prior to March 15, 2010 and as 60 percent from March 15, 2010 to August 9, 2015. The low back disability is rated as 40 percent as of October 21, 2020. A separate rating of 20 percent for right lower extremity radiculopathy is granted as of October 21, 2020.

The Board denied the Veteran's claims of service connection for low back disability, left hip disability, right hip disability, and bilateral lower extremity sciatica due to a lack of evidence showing these conditions were incurred during active duty service.

The Veteran's pericarditis was granted a 60 percent evaluation as of August 5, 2011.,For the lumbar condition, the Veteran received a 20 percent rating effective April 28, 2015. The claim for an increased rating prior to this date is denied.

The Veteran's claims for service connection are remanded due to inadequate medical opinions and the need for further examination. The Board finds that his low back disorder, bilateral hip disorders, and sciatic radulopathy may be related to his right foot residuals.

The Veteran's TDIU claim is remanded due to a predecisional duty to assist error. A retrospective medical opinion is needed to assess the extent of his functional impairment from service-connected disabilities prior to February 13, 2020.

The Board has remanded the Veteran's claims for service connection due to insufficient examination opinions and a failure to obtain relevant medical records.

The Veteran's service-connected disabilities, including depression, sleep apnea, diabetes mellitus, right eye macular pucker, and peripheral nerve disabilities of the lower extremities, have rendered her unable to secure or follow substantially gainful employment consistent with her work and education background.

The Veteran's appeal of service connection for heart murmur and an increased rating in excess of 20 percent for diabetes mellitus has been dismissed.,The Veteran's appeals of earlier effective dates for the grants of service connection for intervertebral disc syndrome and lumbar spondylosis, posttraumatic stress disorder (PTSD), sciatic radiculopathy of the left lower extremity, and increased ratings for intervertebral disc syndrome and lumbar spondylosis, sciatic nerve radiculopathy, right lower extremity, PTSD have been dismissed.,The Veteran's appeal of a TDIU prior to August 26, 2016 has been remanded.

The Board has remanded the case for additional development, including a new VA examination to evaluate the Veteran's back disability and obtain relevant SSA records. The issues of entitlement to increased evaluations for service-connected disabilities and TDIU are being addressed.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, but a higher rating of up to 40 percent is granted from September 20, 2018 to April 1, 2019 for intervertebral disc syndrome (IVDS) with degenerative arthritis of the spine and lumbosacral strain.,After April 2, 2019, a higher rating beyond 20 percent is not warranted. The Veteran's service connection claim for diabetes mellitus, type II (DMII), including secondary to his IVDS with degenerative arthritis of the spine and lumbosacral strain, is also remanded.

The Board has dismissed the Veteran's claims for service connection for a low back disability and radiculopathy, right lower extremity as it lacks jurisdiction due to concurrent elections.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.