Radiculopathy & sciatica decisions — 2021

The Veteran's PTSD is rated at 70 percent, but no higher, throughout the entire appeal period.,PTSD symptoms include recurring nightmares, anxiety, depression, difficulty concentrating, intrusive thoughts/flashbacks, hypervigilance, avoidance of stimuli related to past experiences, and impaired social functioning.

The Veteran's disability rating for RIGHT lower extremity radiculopathy was reduced from 10 percent to 0 percent, effective July 29, 2019. The reduction was not proper as the evidence did not show an actual improvement in his ability to function.,Effective March 30, 2018, the Veteran's combination of service-connected disabilities prevented him from securing or following a substantially gainful occupation.

The Board has denied the Veteran's claims of service connection for cervical spine, left upper extremity neuropathy, left upper extremity radiculopathy, and a left shoulder disability due to lack of evidence showing these conditions were incurred or aggravated by active service.

The Board has determined that the Veteran's low back strain with lumbar radiculopathy, right knee disability, and bilateral hip bursitis are not service-connected.,Further clarification is needed regarding the Veteran's current diagnoses of these conditions.

The Veteran's lumbar spine disability with associated right and left lower extremity radiculopathy is granted an initial rating of 20 percent effective March 15, 2007.

The Board has remanded the claims for service connection due to inadequate medical opinions and the need for additional development, including obtaining private treatment records.

The Veteran's service-connected disabilities, including right lower extremity paralysis and PTSD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's claim for an earlier effective date for left lower extremity radiculopathy is granted, with the effective date set at September 14, 2006. SMC based on housebound status and need for regular aid and attendance are denied.

The Veteran's TDIU claim is being remanded for consideration of whether he should be granted a TDIU on an extraschedular basis due to his service-connected lumbar spine disability.

The Veteran's claims for service connection have been reopened, and the Board has determined that new and material evidence was submitted to support his claims of a back disability, radiculopathy of the left lower extremity, bilateral shoulder disabilities, OSA, and headaches. The claim for vitamin D deficiency is denied as it does not constitute a recognized disability for VA compensation purposes.

The Board has remanded the Veteran's claims for increased ratings for her thoracolumbar spine disability and associated radiculopathy. The Veteran is also seeking earlier effective dates for TDIU, Dependents' Educational Assistance, and SMC awards.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence regarding his claimed conditions and their relationship to service. The claims include service connection for left calf, knee, lumbosacral spine, lower extremity radiculopathy, and any acquired psychiatric disability, including PTSD.

The Board has remanded the issue of an evaluation in excess of 50 percent for major depressive disorder, but denied the TDIU claim as the Veteran was employed full-time prior to March 20, 2019.

The Board has denied service connection for left hip pain and right hip pain, but has remanded the issue of service connection for sciatica of the bilateral lower extremities due to a lack of adequate examination.

The Veteran's claims for IBS and GERD have been denied as they are not service-connected.,The Veteran's claim for lumbar radiculopathy of the bilateral lower extremities has been remanded due to insufficient evidence.

The Veteran's appeals have been dismissed as she withdrew her appeal for hidradenitis suppurativa, pigmentary retinal dystrophy, and carpal tunnel syndrome of the left hand. The case regarding carpal tunnel syndrome of the right hand is not addressed in this decision.

The Board has restored a 10 percent rating for left lower extremity peripheral neuropathy, external cutaneous nerve and granted special monthly compensation based on aid and attendance.,The Veteran's service-connected disabilities include PTSD, bilateral lower extremity peripheral neuropathies, tinnitus, and a noncompensable rating for right lower extremity peripheral neuropathy, external cutaneous nerve. The Board found that the Veteran requires regular aid and assistance due to his service-connected disabilities.

The Veteran's service connection for urinary incontinence and loss of bowel control secondary to her low back disability is granted. The Veteran's low back disability, characterized as intervertebral disc syndrome, and right lower extremity radiculopathy are not rated higher than the current assigned ratings.

The Veteran's cervical spine fracture with spondylosis is rated at 30 percent since the initial rating decision, effective from May 6, 2014. Separate ratings of 20 percent are assigned for radiculopathy affecting the right and left upper extremities from May 6, 2014 to April 21, 2015.

The Veteran's initial increased ratings for his service-connected right and left lower extremity radiculopathy have been awarded effective October 5, 2021. The appeal is remanded due to a lack of compliance with prior remand directives regarding diagnostic testing.