Radiculopathy & sciatica decisions — 2021

The Board has granted service connection for sleep apnea, headaches, lumbar disc herniation and bilateral lower extremity radiculopathy, left knee patellofemoral pain syndrome with chondromalacia and meniscus tear, right knee patellofemoral pain syndrome with meniscus tear post-operative, and radiculopathy of the left and right lower extremities.

The Veteran's major depressive disorder is granted as secondary to his service-connected ischemic heart disease. The claims for increased ratings of degenerative arthritis of the spine, peroneal or sciatic nerve weakness of the right and left lower extremities, and SMC based on aid and attendance are remanded.

The Board has determined that the Veteran's timely substantive appeals were received in response to the March 18, 2019 Statements of the Case. As a result, the appeal is granted for all issues listed.

The Veteran is seeking additional retroactive VA disability compensation benefits due to receipt of Concurrent Retirement and Disability Pay (CRDP) for the period from December 1, 2008 to June 30, 2012. The Board has remanded this case to determine if the Veteran received full amount of VA compensation benefits he was entitled to receive during that time.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU for the entire appeal period.

The Veteran's lumbar spine strain, left and right weak quadriceps muscles, and residuals of a right femur fracture disabilities are being remanded for additional examinations to determine their current severity. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating issues.

The Board has determined that the Veteran's neurological conditions, other than tremors, are not related to his service and therefore denied these claims.

The Veteran's radiculopathy of the bilateral femoral nerves and peripheral neuropathy of the left sciatic nerve have been rated based on their severity, with moderate symptoms for both conditions.,The service-connected surgical scar associated with degenerative disc disease with lumbar stenosis has not been assigned a compensable evaluation.

The Veteran's right knee replacement and related radiculopathy conditions have been granted service connection, with a separate evaluation for instability. The claim for an increased rating for the total knee replacement has been denied.

The Board has decided to remand the Veteran's claims for additional development due to inadequate examination reports and failure to consider all relevant evidence. Specifically, new VA examinations are needed to assess the severity of his gout, migraines, right shoulder disability, and upper extremity disabilities.

The Board denied the claim for TDIU, finding that the Veteran's service-connected disabilities do not preclude him from securing substantially gainful employment.

The Veteran's cervical spine, lumbar spine, and left knee disabilities have been granted service connection. The remaining issues of radiculopathy of the upper and lower extremities as well as right shoulder strain and right knee arthritis with chondromalacia are remanded for further evaluation.

The Board has granted service connection for erectile dysfunction, low back arthritis, and bilateral lower extremity sciatica as secondary to service-connected disabilities. Service connection for ischemic heart disease (IHD) and hypertension have been denied.

The Board has granted service connection for low back disability, sciatica, and partial acromioclavicular joint separation of the right shoulder. Bilateral foot disability is denied.,Secondary service connection was also granted for these conditions.

The Veteran's radiculopathy of the bilateral lower extremities and femoral radiculopathy of the left lower extremity are currently rated at 20 percent from December 21, 2016. The Veteran is not entitled to a higher rating for these conditions.,The Veteran's lumbar spine strain with disc herniation was rated at 20 percent from December 21, 2016 to March 24, 2020 and granted a 40 percent rating starting from March 24, 2020.

The Veteran is granted a total disability rating based on individual unemployability for the period prior to June 29, 2016 due to service-connected disabilities.

The Veteran's appeal has been dismissed for the issue of increased rating for lumbosacral strain with degenerative disc disease. The claim for service connection for seizures has been reopened, but further examination and opinion are needed to determine its etiology. Other issues remain pending.

The Veteran's TDIU claim is denied as the evidence does not show he was unemployable at the time of the January 2020 rating decision.

The Board has decided that the Veteran's left biceps femoris strain does not warrant a compensable disability rating, and his TDIU claim is denied. The lumbosacral strain with intervertebral disc syndrome and bilateral paravertebral muscular strain, as well as sciatica of the lower extremities, are remanded for further development.

The Veteran's claims for earlier effective dates to establish service connection for thoracolumbar degenerative arthritis of the spine, right lower extremity radiculopathy, left lower extremity radiculopathy, and bilateral feet disabilities were denied as there was no CUE in the March 2007 rating decision.