Radiculopathy & sciatica decisions — 2021

The Board has remanded the claims for cervical strain with degenerative joint disease, left and right upper extremity radiculopathy associated with cervical strain, due to additional evidence being received since the July 2020 SSOC.

The Veteran's service-connected disabilities, including lumbar disc disease with spinal stenosis, left lower extremity radiculopathy (femoral nerve), bilateral hearing loss, and tinnitus, rendered him unable to secure or maintain substantially gainful employment prior to May 31, 2017. The Board granted a total disability rating based on individual unemployability for this period.

The Board dismissed the Veteran's appeals for increased ratings for his lumbar spine and radiculopathy conditions due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's claims for initial disability ratings in excess of 20 percent for intervertebral disc syndrome and radiculopathy, as well as the claim for TDIU prior to July 17, 2016, have been dismissed due to his death during the appeal process.

The Veteran's service-connected right and left lower extremity disabilities have resulted in permanent loss of use of both feet, qualifying him for financial assistance to purchase an automobile or adaptive equipment.

The Veteran's PTSD and Major Depressive Disorder are granted service connection, while her lumbar spine disability is granted a higher rating from March 22, 2017.

The Veteran's claims for increased ratings and secondary service connection have been remanded due to the need for additional medical examinations.,Specifically, a VA examination is needed to determine if the Veteran's low back disability is related to his active service or to his service-connected left ankle arthritis.

The Board has determined that there are outstanding VA, Vet Center, and private treatment records which need to be obtained in order to make a fully informed decision on the Veteran's claims. The Veteran is also required to provide updated information regarding her employment status.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities did not meet the schedular criteria and he was gainfully employed throughout the relevant period.

The Board has remanded the claims for right knee, left knee, lumbar spine degenerative joint disease and disc disease (low back disability), left shoulder disability, and left leg/hip disability due to lack of substantial compliance with previous remand directives.

The Veteran is granted SMC based on aid and attendance from January 30, 2019 onward. The issue of entitlement to SMC based on aid and attendance or housebound benefits from July 12, 2011 to January 29, 2019 is remanded.,The Veteran's claim for SMC T (based on a higher level of SMC under subsection (t)) has been reasonably raised by the record. The issue of entitlement to SMC based on aid and attendance from July 12, 2011 to January 29, 2019 is remanded.,The earlier effective date for radiculopathy of the upper extremities prior to February 9, 2021 remains pending.

The Veteran's radiculopathy of the right and left lower extremities, as well as her lumbosacral strain prior to June 1, 2016, are each granted a 20 percent rating. Her lumbosacral strain since June 1, 2016, is denied.

The Board has dismissed the Veteran's claims for service connection due to his death.

The Board has decided to remand three claims: low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The Veteran's service treatment records are incomplete, and the VA must attempt to obtain them. A new examination is required for the low back disability claim.

The Board has remanded the Veteran's claims due to inadequate development and compliance with previous remand directives. The case is returned for further development, including obtaining an independent medical expert opinion.

The Veteran's currently diagnosed degenerative joint disease of the left and right knees are proximately due to or aggravated by medications taken to treat her service-connected PTSD.,Entitlement to service connection for a reproductive disorder, specifically PCOS and partial hysterectomy, is remanded as there is insufficient evidence regarding its relationship to in-service use of Depo Provera.

The Board has remanded the cases for further development due to inadequate VA examinations of the Veteran's back and right lower extremity radiculopathy. The issues include increased ratings for lumbosacral strain with degenerative disc disease and sacroiliitis, an increased rating for right sciatic radiculopathy, TDIU, and eligibility for financial assistance in purchasing a vehicle or necessary adaptive equipment.

The Veteran's bilateral lower extremity radiculopathy has been granted increased ratings, with the highest rating of 40 percent for right and left sciatic nerves since August 11, 2021.

The Board denied service connection for a back disability, right hip disability, and left hip disability. The Veteran's claims were based on his contention that he developed these disabilities due to injuries sustained during active duty.,Service connection was not granted as the evidence did not support a finding of in-service injury or disease resulting in current disabilities.

The Veteran's claims for increased ratings for PTSD, lumbar spine degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need for additional VA and private treatment records.