Radiculopathy & sciatica decisions — 2021

The Board has dismissed the appeals for an earlier effective date and a higher rating for radiculopathy, bilateral lower extremity (femoral nerve), as these issues are currently pending in the legacy system.

The Board has denied a separate compensable rating for right upper extremity cervical radiculopathy as it would result in impermissible pyramiding.

The Veteran's service-connected CAD is currently rated at 10 percent from December 17, 2012 to November 7, 2019 and at 30 percent thereafter. The claim for higher ratings for CAD is denied.,The Veteran's service-connected diabetes mellitus is currently rated at 20 percent. The claim for a higher rating is denied.,The Veteran's service-connected diabetic peripheral neuropathy of the right upper extremity, left upper extremity, and lower extremities are all rated at 10 percent. The claims for higher ratings are denied.

The Board dismissed the Veteran's appeals for earlier effective dates of July 7, 2017, for the grant of service connection for left ear hearing loss and tinnitus. The appeal for an earlier effective date of July 7, 2017, for the 40% rating for degenerative arthritis and disc disease of the lumbosacral spine was granted with an effective date of July 7, 2017. Appeals for earlier effective dates of October 23, 2017, for service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also dismissed.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and left lower extremity radiculopathy, as well as his claim for TDIU prior to March 5, 2020. The Veteran is required to undergo VA examinations to assess the severity of his service-connected conditions.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations.,The Board is requesting further evidence and examination to determine the nature, onset, and etiology of his left shoulder disability, right shoulder disability, and psychiatric disability.

The Board has remanded the claims for service connection and increased rating of the Veteran's lower back condition and right lower extremity radiculopathy due to the need for further examination.

The Veteran's death was caused by a probable accident resulting from combined drug toxicity. Service connection for the cause of death is granted, but accrued benefits and nonservice-connected death pension benefits are denied due to untimely filing.

The Veteran's service connection claims for various disabilities were granted, but an effective date earlier than January 13, 2017 is denied.

The Veteran's claim for a higher rating for his spondylolysis, L4-L5, lumbar spine with degenerative disc disease and herniated nucleus pulposus L3-L4 was denied. The Veteran is currently rated at 20 percent prior to June 3, 2021, and the Board found that a higher rating is not warranted.

The Board has granted service connection for major depressive disorder and right upper extremity radiculopathy, finding that these conditions are secondary to the Veteran's service-connected cervical spine disability.

The Veteran's claims for increased ratings of bilateral lower extremity peripheral neuropathy, bilateral hearing loss, and service connection for right eye condition have been dismissed. The claim for an increased rating for PTSD has been remanded.

The Veteran's claims for increased ratings and TDIU were denied. The back disability was rated at 20 percent, the left lower extremity radiculopathy at 20 percent, and a TDIU was granted from November 15, 2016 to February 21, 2021.

The Veteran has withdrawn their appeals for service connection for carpal tunnel syndrome and essential tremor, both claimed as secondary to PTSD with dissociative features. The appeal is dismissed.

The appeal for restoration of service connection and special monthly compensation has been dismissed due to the appellant's withdrawal.

The Veteran meets the schedular percentage requirements for Total Disability Rating Based on Individual Unemployability (TDIU) due to his service-connected disabilities, which prevent him from securing and following substantially gainful employment.

The Veteran's appeals for service connection and increased ratings have been withdrawn, resulting in the dismissal of all claims.

The Veteran's prostate cancer residuals are rated at 60% from January 1, 2019. The Board found that the evidence is in equipoise as to whether the Veteran's voiding dysfunction requires absorbent materials changed more than four times per day.,The Veteran's lumbar spine disability was remanded for a VA examination testing range of motion on active and passive motions, weight-bearing, and non-weight bearing. The VA examiner did not comply with these requirements.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment, and he is granted a TDIU since December 6, 2016. Effective December 6, 2016, the Veteran is also granted SMC at the housebound rate.

The Veteran's bilateral hearing loss is granted a 10% rating effective June 5, 2020. The left knee instability and dislocated semilunar cartilage are each granted a 30% rating effective June 5, 2020. The low back disability, right sciatic nerve radiculopathy, and left sciatic nerve radiculopathy are all granted 40% ratings effective June 5, 2020.,TDIU from March 31, 2010 to April 6, 2015, and August 2, 2016 to July 5, 2017 is granted.