Radiculopathy & sciatica decisions — 2021

The Veteran's service connection for DMII and peripheral neuropathy of the lower extremities was granted effective March 9, 2018. The rating for DMII remains at 20%.

The Veteran's diabetes mellitus type II was managed with insulin and a restricted diet, but did not require regulation of activities. The right and left sciatic neuropathy were each rated at 40 percent under Diagnostic Code 8520, while the right and left femoral neuropathy were each rated at 20 percent under Diagnostic Code 8526.,The Veteran's orthostatic hypotension was due to his service-connected bilateral lower extremity neuropathy.

The Veteran's right shoulder arthritis is granted service connection, while his left hip and right hip degenerative arthritis, neck condition, radiculopathy of the upper extremities, and left shoulder condition are denied.

The Veteran's service-connected disabilities have rendered him unable to obtain and follow a substantially gainful occupation, effective July 18, 2017.

The Veteran's service-connected left lower extremity radiculopathy and neuropathy of the left peroneal nerve have been granted. A 20% disability rating is assigned for the latter condition, effective from August 16, 2019.

The Veteran's SMC based on the need for regular aid and attendance is granted, as he requires assistance with dressing and preparing meals due to his service-connected disabilities.

The Veteran's disability ratings for low back and left lower extremity radiculopathy have been restored to 40 percent effective June 1, 2016. The claim for a compensable rating for the low back scar is remanded.

The Veteran's claim of service connection for sleep apnea as secondary to his service-connected disabilities is remanded due to the need for a VA examination to assess the nature and etiology of the disability, including whether it was caused or aggravated by any other service-connected conditions.

The Veteran's claims for increased ratings for his bilateral upper and lower extremity disabilities related to Parkinson's disease have been denied. The Board found that the evidence did not support a higher rating than 20 percent for any of these conditions.,A TDIU has been granted, but no specific rating was assigned.

The Board has remanded the case for further development and readjudication due to issues regarding a TDIU and DEA benefits prior to August 20, 2014. The Veteran's attorney argues that consideration of a TDIU on the basis of a protected environment is warranted based on his self-employment status and income.

The Veteran's service-connected disabilities, including his back and left knee conditions, have worsened to the point where he requires constant use of an ambulatory device for walking. The Board finds a remand necessary to assess the severity of these conditions and their impact on daily activities.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted initial disability ratings, but with limitations on their severity.

The Veteran's lumbar spine disability and right lower extremity radiculopathy have been granted increased ratings of 20 percent effective February 20, 2018. The lumbar spine disability is currently rated as 10 percent disabling prior to this date.

The Board has granted service connection for degenerative arthritis of the lumbar spine and secondary service connection for right lower extremity radiculopathy due to service-connected degenerative arthritis of the lumbar spine, finding that there is a reasonable doubt in favor of the Veteran's claims.

The Veteran's asthma, lumbar spine degenerative disc disease, and right lower extremity radiculopathy are all rated as they were prior to the remand. The case is REMANDED for further development.

The Veteran's radiculopathy and peripheral neuropathy of the left lower extremity are granted a 20% disability rating for the period prior to November 9, 2012.

The Board has restored the Veteran's disability ratings for his service-connected allergic rhinitis, degenerative change of sacroiliac and pubic symphyseal joints (claimed as fractured coccyx), right lower extremity radiculopathy, and left lower extremity radiculopathy. The restoration is effective June 1, 2015.

The Veteran's claim for an effective date earlier than January 29, 2013 for the award of service connection for left lower extremity radiculopathy is denied.,The Veteran's claims for effective dates earlier than June 8, 2017 for the awards of an 80 percent rating for narcolepsy with cataplexy and sleep paralysis; a 20 percent rating for benign prostatic hypertrophy, prostatitis, and hypotonic bladder; and a 20 percent rating for lumbar spine degenerative arthritis are denied.,The Veteran's claim for an effective date earlier than June 8, 2017 for the award of TDIU is denied.

The Veteran's appeals for increased disability ratings and a total disability rating based on individual unemployability have been dismissed due to his withdrawal of the appeal.

The Board dismissed the appeals for neck, TBI, and upper extremity radiculopathy issues as they were withdrawn by the Veteran. Service connection was granted for arthritis of the thoracolumbar spine, right shoulder disorder, and lower extremity radiculopathies secondary to service-connected arthritis.