Radiculopathy & sciatica decisions — 2021

The Veteran's appeals for a compensable rating for left ankle scar, left shoulder scar, and painful left shoulder scar were dismissed due to the Veteran's request to withdraw his appeal.,The Veteran's claim for a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine with IVDS was denied. The Board found that there is no evidence of muscle atrophy or ankylosis associated with the condition.

The Veteran withdrew his appeals concerning increased evaluations for various conditions, including lumbar spine disability with intervertebral disc syndrome (IVDS), right knee disability, and right lower extremity radiculopathy. The appeals are therefore dismissed.

The Board has remanded the Veteran's claims for further development, including obtaining service records and conducting examinations to determine the nature and etiology of his claimed conditions.

The Veteran's appeal for a compensable rating for hypertension is dismissed. The appeals for service connection for right knee degenerative arthritis, IVDS of the cervical spine with degenerative arthritis, left upper extremity radiculopathy, and major depressive disorder are all granted.

The Veteran's service-connected disabilities, including anxiety disorder, lumbosacral strain, knee arthritis, tinnitus, and various nerve entrapments, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on this finding.

The Veteran's appeals for increased ratings have been dismissed as the Veteran and his representative requested to withdraw all issues on appeal prior to the promulgation of a decision.

The Veteran's cervical spine disability is rated at 20 percent effective January 25, 2018. The lumbar spine disability is rated at 20 percent from January 25, 2018 to July 1, 2020. A TDIU is granted.

The Board has remanded the case due to ambiguity in the Veteran's work history and earnings, requiring further development to clarify these matters.

The Board dismissed all issues related to service connection and rating for various nerve conditions, as well as TDIU. The appeal was dismissed due to the Veteran's death.

The Board has remanded the claims for increased ratings and service connection due to inadequate examinations in prior decisions.

The Veteran's sinusitis and headaches are granted service connection due to presumed exposure to fine particulate matter during service in Afghanistan. The left hip disability and left leg radiculopathy are remanded for further examination and opinion.

The Veteran's claim for service connection for headaches was denied. The Board found no current diagnosis of headaches and the Veteran is not competent to attest to such a diagnosis. His cervical spine disability does not cause him to experience headaches, as evidenced by his treatment records.

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Veteran's initial disability rating for left upper extremity radiculopathy (also claimed as arm/hand numbness) has been granted at a 40 percent level, effective from August 31, 2021. The Veteran also received special monthly compensation based on loss of use of the left upper extremity.

The Veteran's appeal has been dismissed for the issues of service connection for left shoulder disorder, right shoulder disorder, bilateral hearing loss, and tinnitus. The Board has granted effective dates of February 22, 2018 for service connection of bilateral lower extremity radiculopathy and cervical strain, but remanded for further development on initial disability ratings and service connection for sleep apnea.

The Veteran's service-connected disabilities, including depressive disorder, chronic low back strain with invertebral disc syndrome, left lower extremity radiculopathy, right lower extremity radiculopathy, tinnitus, and left ear hearing loss, have rendered him unable to secure or follow a substantially gainful occupation since January 11, 2013.

The Board has remanded the claims for a rating in excess of 20 percent for degenerative arthritis of the spine, radiculopathy of the right and left lower extremities. The VA will review the additional evidence provided by the Veteran.

The Veteran's spinal stenosis with spondylolisthesis and left lower extremity radiculopathy have been granted initial ratings of 20 percent, but no higher. The psychiatric disability claim is remanded for further development.

The Veteran's appeal for a higher rating for his lumbosacral spine disability was denied. The Veteran is eligible for financial assistance in purchasing an automobile with adaptive equipment due to the need for aid and attendance of another person, but further evidence is needed to substantiate this claim. The Veteran's need for SMC based on the regular need for the aid and attendance of another person remains pending.

The Board has remanded the claim for TDIU due to a failure to comply with previous directives and because of inconsistencies in the rating decisions. The Veteran's service-connected disabilities, specifically his right knee and left shoulder disabilities, prevented him from working since March 2014.