Radiculopathy & sciatica decisions — 2021

The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting findings regarding his right knee total arthroplasty, as well as issues related to degenerative disc disease with spondylolisthesis and lumbar fusion. The Veteran is also entitled to a rating in excess of 60 percent for his right knee total arthroplasty on and after November 1, 2013.

The Veteran's bilateral pes planus, right knee degenerative joint disease, left knee replacement, cervical spine disorder (including cervical strain, cervical degenerative spondylosis, and degenerative disc disease with stenosis and myelopathy), right shoulder calcific bursitis, left shoulder degenerative arthritis, right cervical radiculopathy, left cervical radiculopathy, right wrist strain, left wrist strain, right hand strain, and left hand strain are all granted. The Veteran's foot disorder other than bilateral pes planus and back disorder are remanded for further development.

The Veteran's TDIU claim on a schedular basis prior to September 10, 2012 is denied as he did not meet the criteria for a schedular TDIU.,The initial compensable rating for right foot tinea pedis is denied due to the disability affecting less than 5% of total body area and exposed areas with no systemic therapy required.,TDIU on an extraschedular basis prior to September 10, 2012 is remanded as evidence suggests he may have been unable to obtain or maintain substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings for left and right lower extremity radiculopathy, as well as his claim for a total rating based on individual unemployability prior to January 24, 2019. The Veteran is required to provide updated VA treatment records and undergo a VA examination.

The Board has remanded the claims of service connection for bilateral shoulder disabilities and initial increased ratings for low back disability due to additional development needs. The Veteran's representative contends that his shoulder disabilities are related to his service-connected low back disability.

The Veteran's claims for higher ratings for cervical radiculopathy of the right upper extremity and cervical herniated nucleus pulposus at C5-C6, as well as his initial rating claim for CAD prior to June 18, 2018, TDIU from August 11, 2011 to June 18, 2018, and SMC based on the housebound criteria from October 1, 2018 to March 2, 2020 were denied. The Veteran's CAD was initially rated at 60 percent prior to June 18, 2018, and then increased to 100 percent effective October 1, 2018.

The Board has granted a TDIU based on the Veteran's service-connected disabilities preventing him from securing or following substantially gainful employment. The appeal for an increased rating for the back disability is remanded due to inadequate examination and new regulations.

The Veteran's radiculopathy of the right lower extremity is granted effective June 9, 2014. The Board also grants service connection for Parkinson’s Disease and related conditions secondary to environmental exposures from Persian Gulf War service. Other claims are remanded due to inextricable interrelation with these issues.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient medical opinions regarding his lumbar spine disorder, right lower extremity radiculopathy, and right upper extremity neuritis. The case is also remanded for a VA examination to determine the current severity of his service-connected right upper extremity neuritis disability.

The Veteran's claims for increased ratings for service-connected left and right lower extremity sciatic nerve radiculopathy were denied. The Board found that the impairment of each sciatic nerve was wholly sensory, not meeting criteria for ratings in excess of 10 percent. The Veteran's claims for femoral nerve radiculopathy are remanded.

The Veteran's bilateral lower extremity radiculopathy is currently rated at 40 percent, effective April 29, 2015. The Board found that the current ratings are appropriate and denied an increased rating.

The Board has granted service connection for left upper extremity cervical radiculopathy and carpal tunnel syndrome, right foot achilles tendonitis with spur and plantar fasciitis, left foot achilles tendonitis with spur and hallux rigidus, and degenerative disc disease of the cervical spine, status post cervical fusion and discectomy.,The Board has also granted an initial 10 percent rating for sciatic nerve radiculopathy of the left lower extremity.

The Veteran's service-connected disabilities, including low back disability, right lower extremity radiculopathy, and bilateral hip disabilities, have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's lumbar spine DDD and radiculopathy were rated, with some issues granted higher ratings. The prostatitis and duodenal ulcer cases are pending further development.

The Veteran's fibromyalgia with headaches was granted a 40% rating for the entire period on appeal. The TDIU claim prior to February 28, 2011 is also granted.

The Board has remanded the cases for additional development and opinion regarding service connection for various conditions, including a bilateral foot disorder, low back disorder, and bilateral leg disorder.

The Board has remanded the case due to outstanding VA treatment records and will consider the extraschedular rating argument after obtaining these records.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment since April 20, 2015. The Board finds the evidence of record provides a foundational basis to refer the matter for extraschedular consideration because the evidence suggests that the Veteran’s service-connected back and cervical disabilities may have prevented substantially gainful employment prior to April 20, 2015.

The Veteran's service-connected disabilities, including mechanical low back pain, knee conditions, and radiculopathy, render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for additional development due to deficiencies in prior examinations and incomplete medical records.