Radiculopathy & sciatica decisions — 2021

The Veteran's unspecified depressive disorder is rated at 70% effective March 16, 2021. The earlier effective date for the left lower extremity radiculopathy rating remains October 1, 2018. A TDIU has been granted.

The Board denied service connection for low back, right and left lower extremity radiculopathy, and right and left knee disabilities. The evidence did not show these conditions were present in service or within one year of separation.,The Board also found that the Veteran's current psoriatic arthritis, psychiatric disorders, liver disability, and circulatory disorder are not related to his service-connected ankle disabilities.

The Board has remanded the case due to a failure to provide the claimant with a copy of the Supplemental Statement of the Case (SSOC). The RO must send a copy of the August 2020 SSOC to the claimant before proceeding.

The Veteran's right lower extremity radiculopathy/peroneal neuropathy is not service-connected, as the evidence does not establish a link to his military service or any service-connected condition.,For the period from January 1, 2014 and continuing thereafter, the Veteran’s left shoulder tendonitis and impingement syndrome do not meet the criteria for a rating in excess of 20 percent.

The Veteran was granted TDIU for the period from February 21, 2019 to November 7, 2019 and from November 19, 2020. SMC was also granted effective November 7, 2019.,Prior to February 21, 2019, the Veteran's combined disability rating did not meet the requirements for a schedular TDIU rating. However, due to his employment status and service-connected disabilities affecting his ability to work, an extraschedular TDIU was granted.

The Veteran withdrew his claims for increased ratings for lumbar spondylosis with degenerative arthritis and right lower extremity radiculopathy.

The Board has granted service connection for a back disability and left lower extremity radiculopathy, finding that the evidence is at least in equipoise as to whether these conditions originated during active duty service. The decision also grants secondary service connection for left lower extremity radiculopathy.

The Board has remanded the Veteran's claims for degenerative disc disease of the lumbar spine, benign prostatic hypertrophy, and right lower extremity radiculopathy due to inadequate opinions regarding flare-ups and functional impairment.

The Veteran's initial rating for left lower extremity radiculopathy has been granted at a 20% level, effective from the date of claim. The service-connected lumbosacral strain with degenerative joint disease and IVDS remains rated at 40%. There is no indication of unfavorable ankylosis or incapacitating episodes for intervertebral disc syndrome.

The Board has remanded the claims for service connection for right and left lower extremity radiculopathy due to inadequate development. A new medical opinion is needed to address whether the Veteran's service-connected lumbar spine disability causes or aggravates his diagnosed radiculopathy.

The Veteran's claims for an initial compensable rating for vitiligo, service connection for left and right lower extremity radiculopathy have been remanded due to insufficient evidence. The Board found that the Veteran does not meet the criteria for a current diagnosis of depression or other acquired psychiatric disorder.

The Board has granted service connection for impotence as secondary to medications prescribed for a service-connected lumbar spine disability. Service connection was denied for cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy.

The Veteran's claim for TDIU is remanded due to the need for additional records and an examination to assess his employability given his service-connected disabilities.

The Board has remanded the issue of a separate rating for RLE radiculopathy involving the femoral nerve due to conflicting findings from previous examinations.

The Veteran's claims for increased ratings were denied. The cervical spine disability was granted a 40% rating, but the left and right upper extremity radiculopathy claims remain denied.

The Veteran's lumbar spine DDD is granted an increased rating of 40 percent, effective from the date of decision. Separate evaluations for bilateral lower extremity radiculopathy prior to January 10, 2013 are also granted.

The Board denied higher ratings for sciatic neuropathy of the left and right lower extremities, finding that the evidence did not support ratings in excess of 20 percent due to moderate incomplete paralysis.

The Veteran's claims for increased ratings for chronic lumbar strain and radiculopathy of the lower extremities are being remanded due to new evidence received after the last supplemental statement of the case.

The Veteran's service-connected back disability and radiculopathy do not render him unable to secure or follow substantially gainful employment.

The Veteran's appeal has been dismissed as he withdrew his appeals for service connection for a sciatic nerve condition, an increased rating for hepatitis C, and a temporary total disability rating. The earlier effective date claim for hepatitis C remains pending.