Radiculopathy & sciatica decisions — 2021

The Board denied the Veteran's claim for service connection for right lower extremity radiculopathy as secondary to a lower back disability due to lack of current diagnosis and no indication of functional impairment.

The Board has granted the Veteran's claims for effective dates of October 31, 2003 for a 20 percent rating for his service-connected lumbar spine disability and right leg sciatic neuropathy. The earlier effective date is based on the fact that it is not factually ascertainable that an increase in severity occurred during the appeal period.

The Veteran's appeal for payment or reimbursement of unauthorized expenses incurred at Sanpete Valley Hospital is denied because the treatment was not for an emergency medical condition.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the lower extremities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or IVDS, as there was no ankylosis present.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining employment consistent with his occupational and vocational experience prior to June 13, 2020.

The Board has denied increased ratings for the Veteran's lumbar spine disability and associated radiculopathy, as well as his anxiety disorder. The case is REMANDED to obtain updated VA treatment records and an addendum opinion from a VA examiner.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lumbar spine disability and associated radiculopathy of the bilateral lower extremities due to outstanding VA treatment records and need for a new examination.

The Veteran's service-connected conditions, including his lumbar spine disorder and radiculopathy of the lower extremities, have rendered him unable to secure or maintain a substantially gainful occupation prior to September 1, 2015. As such, TDIU on an extraschedular basis is granted.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's cervical spine disability. The TDIU issue is also being remanded as part and parcel of the increased rating claim.

The Veteran's claim for service connection for PTSD was denied, and the initial rating of 10% for depressive disorder was also denied. The Veteran's persistent depressive disorder is now rated at 50%, effective May 12, 2017. Service connection for cervical spine, lumbar spine, bilateral lower extremity radiculopathies, left upper and lower extremity radiculopathies, and left ankle conditions were all denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including its onset and relationship to service.

The Veteran's service-connected left lower extremity radiculopathy and PTSD have been granted. A TDIU is also granted, effective October 15, 2015. SMC based on aid and attendance is also granted.

The Board dismissed the appeals on three issues related to service connection for low back disability, left lower extremity sciatica, and right lower extremity sciatica due to the Veteran's death.

The Board denied service connection for a back disability and radiculopathy of the lower extremities due to lack of evidence showing chronicity or causation in service, and post-service treatment records do not show continuity of symptomatology.

The Board has decided to remand the case due to insufficient evaluation of the Veteran's right hip disability and lower extremity neuropathy. The Veteran will need a VA examination to assess his range of motion, as well as whether his leg numbness and tingling are related to his service-connected right hip condition.

The Veteran's service-connected disabilities have rendered him unable to dress, bathe himself, feed himself without assistance, and requires regular aid and attendance. The Board has granted special monthly compensation based on housebound status or need for aid and attendance.

The Board has remanded the claim for additional development, including obtaining updated employment information and a VA vocational specialist's opinion on the Veteran's employability due to his service-connected disabilities.

The Veteran's PTSD with MDD and left lower extremity radiculopathy are not rated higher than the current assigned ratings of 70 percent for PTSD and 20 percent for radiculopathy, respectively.

The Veteran's tension headaches are caused by his service-connected bilateral pes cavus with metatarsalgia, peripheral neuropathy of the left and right foot, patellofemoral pain syndrome of the left and right knee, and left lower extremity femoral radiculopathy. The Board has granted service connection for these headaches on a secondary basis.

The Board's decision is vacated and a new decision will be issued under the Appeals Modernization Act (AMA) for the issues of entitlement to a disability rating in excess of 40 percent for lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, service connection for obstructive sleep apnea, and TDIU.