Radiculopathy & sciatica decisions — 2021

The Veteran's disc bulge of the thoracolumbar spine and right lower extremity radiculopathy are rated at 20 percent each, effective from specific dates. The rating is based on the severity of symptoms and functional impairment.

The Veteran's appeals for increased ratings of PTSD, ischemic optic neuropathy, coronary artery disease, degenerative arthritis of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity have been dismissed as withdrawn.,The Veteran's appeal for service connection for an anxiety disorder has also been dismissed as withdrawn.,Beginning May 18, 2018, the Veteran is in receipt of a total schedular rating due to his service-connected disabilities. The issue of entitlement to TDIU beginning May 18, 2018, was dismissed as moot.

The Board has denied the Veteran's claims for service connection for a cervical spine disability and radiculopathy of the left upper extremity, finding that there is no evidence to support these claims.

The Board has granted earlier effective dates of February 1, 2017 for the grant of service connection for diabetes mellitus and related diabetic neuropathies of both upper and lower extremities.

The Veteran's claims for an increased rating for left lower extremity radiculopathy and a TDIU prior to March 2, 2017 are being remanded due to the need for additional development including scheduling of a VA examination and obtaining relevant private treatment records.

The Board has remanded the cases due to uncertainty regarding whether the Veteran is deceased. The cases will be returned for further review if he is still alive.

The Veteran's lower back disability, bilateral upper and lower extremity radiculopathy, and headaches have been granted service connection. A 50% rating has also been assigned for the Veteran's tension headaches.

The Veteran's service-connected low back disability does not render him unemployable, as he has maintained employment in his field of construction despite the pain and limitations caused by his condition.

The Veteran's bilateral hearing loss and tinnitus have been rated as noncompensable, and the Board finds no legal basis for a higher rating.,The Veteran's service-connected hypertension and ED are not service connected. The RO is instructed to obtain medical opinions addressing whether these conditions were incurred in service or caused by his service-connected disabilities.

The Veteran's back disability and bilateral lower extremity radiculopathy are granted service connection. The rating reduction for postural orthostatic tachycardia syndrome is remanded, as well as the effective date determination.

Your service connection for radiculopathy of the right lower extremity has been granted, but it is secondary to your already service-connected thoracolumbar spine disability. The effective date remains pending as per the June 2021 rating decision.

The Veteran's GERD is rated 10 percent disabling, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's left knee strain with instability and shin splints, left knee strain with limitation of flexion, right knee strain with instability and shin splints, and right knee strain with limitation of flexion are all rated 10 percent disabling. The Board finds that additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's left ankle sprain and right ankle sprain are both rated 10 percent disabling. Additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's low back strain with degenerative arthritis is rated 20 percent disabling, but the Board finds that additional evidence is needed to determine if this rating is appropriate.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both rated 10 percent disabling. Additional evidence is needed to determine if these ratings are appropriate.

The Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, as determined by the VA examiners.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine with DDD and IVDS, bilateral lower extremity radiculopathy of the sciatic nerve, and bilateral lower extremity radiculopathy of the femoral nerve, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU based on these service-connected disabilities.

The Veteran withdrew from appeal the issues of service connection for folliculitis, cervical spine disability, left upper extremity radiculopathy, right upper extremity radiculopathy, bronchitis, and sinusitis.

The Veteran's appeal is being remanded for additional development regarding his claims of increased ratings and TDIU, including consideration of new VA treatment records received after the October 2020 supplemental statement of the case.

The Board has reopened the Veteran's claims for left eye injury and acquired psychiatric disorder due to new evidence received since their last denial.,However, both issues are remanded as there is insufficient medical evidence to determine if service connection can be granted.

The Veteran's claims for increased ratings and earlier effective dates were dismissed.,Effective date of November 18, 2008 was assigned for the grant of service connection.

The Veteran's major depressive disorder with psychotic features resulted in occupational and social impairment, warranting a 70 percent disability rating.,Prior to March 21, 2019, the Veteran met the schedular requirements for TDIU based on his service-connected disabilities.

The Board dismissed the Veteran's appeals for increased disability ratings and service connection claims due to a withdrawal of appeal by his authorized representative.