Radiculopathy & sciatica decisions — 2021

The Board denied attorney fees for the February 2021 rating decision because it was an initial decision on issues of increased rating and service connection, and the appellant is not eligible to represent the Veteran in these matters.

The Veteran's radiculopathy of the bilateral lower extremities, femoral nerve has been granted increased ratings to 30 percent each. The Veteran's residual scar is not compensable.

The Veteran's claims for service connection for various conditions, including left thumb disorder, bilateral corneal degeneration, prostate disorder, testicular dysfunction, renal disorder, left elbow disorder, gastrocnemius muscle disorders, and cervical radiculopathy of the upper extremities have all been denied. The Board found no current disabilities related to these claims.

The Veteran's left lower extremity sciatica is rated at a maximum of 80 percent from March 28, 2017. The rating was increased based on the presence of complete paralysis of the sciatic nerve with foot dangles and drops.

Effective August 26, 2020, the Veteran's degenerative arthritis and intervertebral disc syndrome was rated at 20 percent.,Effective August 26, 2020, the Veteran's radiculopathy of the right lower extremity was rated at 20 percent.,Effective August 26, 2020, the Veteran's radiculopathy of the left lower extremity was rated at 40 percent.

The Board has found that additional development is needed for the issues on appeal due to incomplete records and inadequate examination. The Veteran's cervical spine disability, right upper extremity-dominant cervical radiculopathy, left upper extremity non dominant cervical radiculopathy, and surgical scar, right upper neck are all service-connected.

The Veteran's radiculopathy of the left and right lower extremities were rated as 10 percent disabling prior to August 21, 2020. From that date forward, they are each rated at 20 percent.,The Veteran's left knee condition and cervical spine condition have not been evaluated by VA since the rating period on appeal.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.,These issues include evaluations for degenerative osteoarthritis of the lumbar spine, sciatic nerve radiculopathy, and femoral nerve peripheral neuropathy.

The Board has remanded the Veteran's claims for additional development and examination to address his service-connected disabilities, including low back disability, radiculopathy of the lower extremities, right index finger disability, residuals of a head injury, and vision disabilities. The issues on appeal include ratings for these conditions.

The Board has ordered an examination to determine the current severity of the Veteran's radiculopathy of the bilateral lower extremities due to a lack of recent VA treatment records and almost four years have passed since his last VA examination.

The Veteran's left lower extremity radiculopathy is granted a 20 percent rating, while the right lower extremity radiculopathy and DJD of the lumbar spine are both remanded for further development.

The Board has found that the reduction in disability rating from 20 percent to 10 percent for degenerative disc disease of the lumbar spine, effective from April 19, 2016, to July 22, 2021, was improper due to lack of proper notice. The Board has also found that a 20 percent disability rating is warranted for radiculopathy of the right lower extremity as of January 24, 2018.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to a service-connected lumbosacral strain. The claim for TDIU is remanded.

The Veteran's claim for a rating in excess of 40 percent for his back disability was denied. Separate initial ratings of 10 percent were granted for sciatic radiculopathy of the right and left lower extremities effective October 12, 2010.

The Veteran's claims for increased ratings for diabetes mellitus type II and peripheral neuropathy of the lower extremities were denied. The Board found that the evidence did not support a higher rating for diabetes mellitus, as it did not meet the criteria for a 60 percent or higher rating under Diagnostic Code 7913. For the peripheral neuropathy claims, the Board noted that the Veteran's symptoms had improved to warrant a 20 percent rating from July 30, 2019.

The Veteran's claims for increased ratings and TDIU have been denied. The Board found that the evidence did not support a higher rating for his knee disabilities, low back disability, or sciatica.

The Board has remanded the claims for SMC based on need for aid and attendance, higher ratings for sciatic nerve radiculopathy of both lower extremities, and a higher rating for degenerative disc disease of the lumbar spine. The VA is required to obtain additional medical records and provide an addendum to the previous examinations regarding the Veteran's need for regular aid and attendance due to service-connected disabilities.

The Board has denied service connection for tinnitus due to the lack of a current disability. The Veteran's claims for left leg radiculopathy, right foot disorder, left foot disorder, and left hip disorder are remanded as there is insufficient evidence on record regarding their etiology. The Veteran's claims for right hand reflex sympathetic dystrophy and right elbow disorder are also remanded due to the absence of a VA examination.

The Veteran's claims for increased ratings and effective dates prior to July 15, 2013, were denied as the evidence did not show that increases in disability occurred prior to this date. The right knee scar was rated compensable but no higher, while the lumbosacral strain with degenerative arthritis and RLE radiculopathy received increased ratings effective July 15, 2013.

The Veteran's PTSD, back disability, LLE sciatic nerve radiculopathy, and LLE femoral nerve radiculopathy are all denied as the evidence does not meet the criteria for higher ratings.