Radiculopathy & sciatica decisions — 2021

The Veteran's appeals for increased ratings for his service-connected low back disability and radiculopathy have been dismissed as the appellant has withdrawn all issues on appeal.

The Board has remanded the claims for a higher rating for degenerative disc disease of the lumbar spine, right lower extremity sciatica, and TDIU due to procedural issues and lack of substantial compliance with previous directives.

The Veteran's service-connected disabilities, including depression and knee conditions, have prevented him from securing or following substantially gainful employment since September 30, 2010. The Board has granted a TDIU effective that date.

The Veteran's right and left lower extremity radiculopathy were granted a 20 percent rating prior to November 25, 2016. Ratings in excess of 20 percent for the right and left lower extremity radiculopathy are denied beginning November 25, 2016.

The Veteran's lumbar strain and posterior facet joint arthropathy are granted as service-connected. The right ankle, sleep apnea, diabetes mellitus type II, right shoulder disability (other than right upper extremity radiculopathy), left shoulder disability (other than left upper extremity radiculopathy and residuals of stab wound), respiratory disability (to include asbestosis), and hemorrhoids are all remanded for further development.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability and bilateral lower extremity radiculopathy.

The Board has remanded the cases for further development due to incomplete medical opinions and inextricably intertwined issues.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the spine with intervertebral disc syndrome, right lower extremity sciatic nerve radiculopathy associated with his lumbar spine disability, tinnitus, and coronary artery disease, status-post myocardial infarction, have rendered him unable to secure or follow substantially gainful employment from April 8, 2014 to May 29, 2018. The Board has granted TDIU for this period.

The Board has granted service connection for unspecified anxiety disorder, headaches, and obstructive sleep apnea. The claims for lumbar spine disability and sciatica are remanded.

The Board has determined that the Veteran's claims for increased ratings and service connection are not ready for decision due to outstanding records and outdated examination reports. The case is REMANDED for further action.

The Veteran withdrew his appeals regarding the claims of entitlement to an initial rating in excess of 70 percent for PTSD, an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020, a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020, an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020, a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020, a compensable initial rating for erectile dysfunction, a compensable initial rating for bilateral diabetic retinopathy prior to February 5, 2021, and a disability rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021.,The Veteran also withdrew his appeals regarding the claims of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to December 7, 2020 and Dependents' Educational Assistance (DEA) prior to December 7, 2020.

The Veteran's TDIU appeal is granted. The issue of service connection for left ear hearing loss is remanded.

The Veteran's cervical spine condition is rated at 30 percent prior to May 20, 2019 and since then. The Veteran's left and right upper extremity radiculopathy conditions are each rated at 20 percent.

The Veteran's claims for hearing loss, hernia residuals, lumbar spine DDD, sciatic radiculopathy of the right and left lower extremities are all remanded due to incomplete development. The TDIU claim is also remanded.

The Board denied the claim of entitlement to DIC based on service connection for cause of death, finding that neither service-connected PTSD nor any other service-connected disorder was a principal or contributory cause of the Veteran's death.

The Veteran's left lower extremity radiculopathy is granted a 60 percent rating effective June 4, 2019. The right lower extremity radiculopathy remains at a 10 percent rating.

The Board has remanded the case due to inextricably intertwined issues, including higher ratings for service-connected disabilities and an earlier effective date. The TDIU claim will be reconsidered after these other issues are resolved.

The Board has granted service connection for left lower extremity external cutaneous nerve radiculopathy secondary to the Veteran's service-connected back condition. The issue of increased rating for degenerative disc disease of the thoracolumbar spine and left lower extremity radiculopathy, as well as TDIU due to service-connected disabilities, is remanded.

The Board has granted service connection for tinnitus and remanded the remaining issues due to new evidence and need for additional examinations.

The Board has granted service connection for a thoracolumbar spine disability, bilateral lower extremity sciatic radiculopathy associated with degenerative arthritis of the thoracolumbar spine (claimed as bilateral hip and thigh condition), and bilateral knee disability, all proximately due to the Veteran's service-connected bilateral foot disability.