Radiculopathy & sciatica decisions — 2021

The Veteran's service-connected disabilities did not result in functional impairment sufficient to prevent substantially gainful employment prior to July 7, 2017.

The Veteran withdrew his appeals for all issues related to service connection and ratings, effective from the date of the July 2016 phone call.

The Board has dismissed the appeals for entitlement to a disability evaluation in excess of 20 percent for residuals of right femur fracture and entitlement to a disability evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD). The appeal for an initial disability evaluation in excess of 10 percent for osteoarthritis of left knee is REMANDED.

The Veteran's diabetes mellitus type II is granted a 60 percent rating from June 28, 2018 to June 28, 2019. The right and left femoral nerve peripheral neuropathy are each granted a 40 percent rating for the entire period on appeal. The right sciatic nerve peripheral neuropathy is granted a 40 percent rating from June 28, 2018 to June 28, 2019, and thereafter a 60 percent rating. The left sciatic nerve peripheral neuropathy is granted a 60 percent rating for the entire period on appeal. The right upper extremity peripheral neuropathy is granted a 40 percent rating prior to July 14, 2021, and thereafter a 70 percent rating. The left upper extremity peripheral neuropathy is granted a 30 percent rating prior to July 14, 2021, and thereafter a 60 percent rating.

The Board has decided to remand the Veteran's claims for higher ratings for his service-connected back disability and lower extremity radiculopathy, as well as his claim for service connection for a neck disability. The VA is instructed to provide additional examinations and opinions to address these issues.

The Board denied the Veteran's claim for service connection for radiculopathy of the bilateral lower extremities, finding no evidence of a current disability and concluding that any such disability is not related to service or a service-connected condition.

The Veteran's increased rating for cervical strain with degenerative disc disease is granted, but no higher.,Increased ratings are remanded for the Veteran's service-connected lumbar spine and sciatic nerve disabilities.,TDIU is remanded as it was not addressed in the previous decision.,Permanent and total rating and SMC based on need for aid and attendance are also remanded due to their interrelation with other issues.

The Veteran's right and left upper extremity radiculopathies are currently rated at 40 percent and 30 percent, respectively. The Board denied the claims for higher ratings as the evidence did not support a finding of more than moderate incomplete paralysis.

The Veteran's cervical spine disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity are remanded due to a duty to assist error. A VA examination is required to assess current severity and manifestations.

The reduction of the rating for lumbar spine strain from 40 to 20 percent was improper, and the 40 percent rating is restored.,A 20 percent rating, but no higher, for radiculopathy of the left lower extremity is granted effective April 20, 2021. The claim of entitlement to a rating higher than 20 percent for right lower extremity radiculopathy remains remanded.,The reduction of the rating for lumbar spine strain from 40 to 20 percent was improper, and the 40 percent rating is restored.

The Board denied the Veteran's claims for revisions of March 2005 rating decisions that failed to grant a compensable disability rating for service-connected postoperative bilateral inguinal hernia mesh repair with residuals of occasional left orchalgia and separate service connection for left lower extremity radiculopathy, finding no clear and unmistakable error.

The Veteran's radiculopathy of the left and right lower extremities associated with degenerative disc disease of the lumbar spine is rated at 20 percent each, effective February 25, 2008.,Effective February 25, 2008, the Veteran also received TDIU on an extraschedular basis.

The Board has granted service connection for cervical spine degenerative disc disease (DDD) and left upper extremity radiculopathy, both secondary to the Veteran's service-connected right knee disability. The decision is based on the evidence showing that these conditions are caused by or aggravated by his service-connected right knee disability.

The Veteran's lumbar strain and associated radiculopathy have been granted ratings. Service connection for left upper extremity numbness is pending, while TDIU remains unresolved.

The Board has determined that additional development is needed to determine if the Veteran's service-connected conditions contributed substantially or materially to his death and if they caused or aggravated his diabetes. The case is being remanded for further evaluation.

The Board has remanded the claims for additional development due to incomplete records and need for medical opinions regarding the Veteran's incontinence symptoms.

The Veteran's lumbar spine disorder was denied for a rating in excess of 20 percent prior to May 22, 2019. Ratings of 10 percent were granted for right and left lower extremity radiculopathy from May 15, 2014. The Veteran's claim for a higher rating for lumbar spine disorder was denied after May 22, 2019.

The Board has remanded the case due to inadequate compliance with previous remand directives and a need for another VA medical opinion regarding the Veteran's claimed bilateral foot disorder.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding his pulmonary disorder, hip/thigh disability, foot disability, and cervical spine disability.,Additional treatment records will be obtained and reviewed by a VA examiner to determine if the Veteran has any of these conditions that were incurred in or related to service.

The Board denied the Veteran's claims for service connection for radiculopathy of the right lower extremity, finding that there was no evidence to support a direct or secondary relationship between his current condition and his active duty service.