Radiculopathy & sciatica decisions — 2021

The Veteran's appeals for increased ratings for cervical strain, radiculopathy, and right index finger fracture have been dismissed due to his withdrawal of the appeal.

The Veteran's bilateral hearing loss is granted as service connection due to in-service noise exposure.,Service connection for lumbar spine disorder and radiculopathy of the left lower extremity are granted based on evidence showing a nexus between current conditions and service.

The Veteran's claims for bilateral lower extremity radiculopathy, acquired psychiatric disorder, right shoulder disability, right wrist disability (including carpal tunnel syndrome), cervical spine disability, and lumbar spine disability have all been denied.,There is no evidence of a current disability in any of the claimed conditions.

The Veteran was granted a TDIU on an extraschedular basis from January 2, 2008 onwards. Prior to this date, the evidence did not meet the criteria for a schedular TDIU due to his service-connected disabilities.

The Veteran was granted an effective date of May 8, 2008 for TDIU and Dependents' Educational Assistance (DEA) benefits due to service-connected disabilities.,The Board found that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation prior to June 29, 2017.

The Board has determined that the Veteran's claims for service connection for a back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are remanded due to the need for additional evidence. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's claim for higher ratings for a lumbar spine disability and associated radiculopathy of the lower extremities was denied. The Board found that the evidence did not show ankylosis or other conditions warranting a higher rating, and the criteria for a higher rating under IVDS were not met.

The Veteran's appeal is being remanded due to the need for additional evidence and a new VA examination.

The Veteran's hypertension, right hip condition, left hip condition, obesity, migraine headaches, lumbar spine disability, and lower extremity radiculopathies have not been linked to service or a service-connected disability. As such, the claims for these conditions are denied.,The Veteran's bilateral lower extremities were evaluated separately in this decision.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is granted a disability rating of 40 percent, but no higher. The right lower and right lumbar radiculopathies are each rated at 10 percent.

The Veteran's claim for special monthly compensation based on the need for aid and attendance has been granted. The housebound claim is dismissed due to the grant of SMC by reason of regular need for aid and attendance. The claims for increased evaluations for coronary artery disease and left knee arthroscopy are remanded.

The Veteran's sensory dysfunction involving the right lateral foot, posterior thigh, and lateral leg with sciatic nerve involvement was restored to a 20 percent rating. The appeal regarding the timeliness of the Veteran's substantive appeal in response to the March and April 2018 statements of the case (SOCs) is granted.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, warranting a rating of 70 percent from November 22, 2013. The appeal is remanded for further evaluation on the issues of increased ratings for various conditions.

The Veteran's sinus disability is granted on a presumptive basis as due to exposure to particulate matter. Other service-connected disabilities are denied or not addressed.

The Board has determined that the VA examinations for the Veteran's claimed left lower extremity radiculopathy disability were inadequate and remanded to consider whether the Veteran's reported symptoms result in functional impairment of earning capacity. The case is now being returned to the RO for further action.

The Board has granted effective dates of October 22, 2014 for the awards of service connection for radiculopathy of the right and left lower extremities. The Veteran's claims for bilateral hearing loss and SMC are remanded due to outstanding VA and private treatment records.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to her military service.

The Veteran's lumbosacral strain was rated at 20 percent, but the Board found that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy of the sciatic nerve was granted a 10 percent disability rating effective March 23, 2017.

The Board has remanded the case due to insufficient rationale in the previous VA examination opinions regarding the etiology of the Veteran's left lower extremity condition and arthritis. The examiner is required to provide a fully explained rationale for their opinions.

The Veteran's RLE radiculopathy (sciatic nerve) is granted a disability rating of 40 percent, effective October 20, 2020.