Radiculopathy & sciatica decisions — 2021

The Board has remanded several issues related to the Veteran's right knee disability and left lower extremity radiculopathy due to procedural deficiencies in previous decisions. The Veteran is also being asked to provide additional information regarding his TDIU claim based solely on his service-connected disabilities.

An effective date of June 26, 2013, but no earlier, is assigned for the grant of an increased rating to 20 percent for the service-connected low back disability.,An effective date of June 26, 2013, but no earlier, is assigned for the grant of an increased rating to 40 percent for the service-connected diabetes mellitus, type II.,Entitlement to an effective date of January 1, 2006, but no earlier, for the grant of service connection for right lower extremity radiculopathy is granted.,Entitlement to an effective date of January 1, 2006, but no earlier, for the grant of service connection for left lower extremity radiculopathy is granted.

The Board has remanded the Veteran's claims for increased ratings and initial disability rating for his service-connected conditions due to new evidence received after the case was certified to the Board.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are currently rated at the maximum allowed under VA guidelines. The Board has remanded these issues for further development.

The Veteran's claims for increased ratings and TDIU prior to May 24, 2018 are remanded due to the need for additional examinations. The Veteran is granted TDIU effective May 24, 2018.

The Veteran's claim for a higher rating for his service-connected left lower extremity radiculopathy associated with lumbosacral spine degenerative disc disease is being remanded due to the need for additional development, including obtaining a new VA examination.

The Veteran's radiculopathy of the right and left lower extremities was granted an initial disability evaluation of 10 percent, effective May 1, 2012.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities. The VA will conduct examinations and provide medical opinions on whether these conditions are related to military service.

The Board has remanded the case for further development due to conflicting opinions on whether the Veteran's nerve disorder is related to his military service, including exposure to herbicide agents. The VA examiner will need to provide an opinion regarding the etiology of the Veteran's nerve disorder.

The Veteran's service-connected degenerative arthritis of the lumbar spine and radiculopathy of the right lower extremity are evaluated at 10% prior to January 21, 2020, and 20% beginning from that date. The Veteran is denied an evaluation in excess of these ratings.

The Board has dismissed the appeals for an initial rating greater than 10 percent for right and left lower extremity radiculopathy of the femoral nerve, as well as the TDIU claim. The Veteran withdrew his appeal due to satisfaction with the 100% schedular rating awarded.

The Veteran's claim for service connection for sciatica of the right lower leg is granted with an effective date of January 27, 2016. The Veteran's claim for service connection for sciatica of the left lower leg is remanded.

The Board has found that the Veteran does not have a current diagnosis of separate right hip disability and has not had one at any time during the pendency of the claim or recent to the filing of the claim. The case is remanded for additional opinions regarding service connection for left hip, left knee, and right knee disabilities.

The Board has determined that the Veteran's left hip, lower extremity radiculopathy, and thoracolumbar sprain with traumatic arthritis require additional examination to determine their current severity. The issues of rating higher than 10 percent for limitation of left hip extension, limitation of flexion of the left hip, and trochanteric bursitis of the left hip are remanded as well.

The Veteran's appeal is remanded for further examination and evaluation of his service-connected lumbar musculoligamentous strain with mild degenerative spondylosis, left lower extremity radiculopathy, and bilateral metatarsalgia.

The Veteran withdrew his appeal for an increased rating for right upper extremity radiculopathy, and the Board dismissed the claim.

The Veteran's claims for increased ratings and TDIU were denied. The right lower extremity radiculopathy was not granted a higher rating, while the left knee instability received a higher rating since February 7, 2021.

The Veteran's service-connected disabilities, including his lumbar spine disability and bilateral hip disabilities, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's back disability is rated at 40 percent effective October 21, 2019. The Veteran also received a grant of TDIU.,The Veteran's bilateral lower extremity radiculopathy was granted initial ratings of 20 percent for the right leg and 20 percent for the left leg.

The Board has remanded the claims for service connection due to insufficient opinions regarding whether the Veteran's conditions are secondary to his lumbar spine disability. The issues will be addressed again after obtaining additional medical opinions.