Radiculopathy & sciatica decisions — 2021

The Board denied increased evaluations for the Veteran's left and right lower extremity radiculopathy, finding that his conditions did not warrant an evaluation in excess of 20 percent.

The Board has remanded the case for further development and consideration due to inadequate or incomplete examinations, as well as failure to address certain evidence in the record.

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or housebound status due to his service-connected disabilities, finding that they did not make him permanently bedridden, substantially confined to the home or premises, or unable to care for daily needs without requiring regular aid and assistance.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a separate 10 percent rating for left leg scars based on limitation of motion of the left hip, and his service-connected disabilities are found to meet the schedular requirements for TDIU.

The Veteran's claims for increased ratings for low back disability, left and right lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the Veteran's claim for an extraschedular TDIU for the period prior to October 22, 2010, finding that his service-connected disabilities did not prevent him from securing or following substantially gainful employment.

The Board has remanded the case due to unclear etiology of the Veteran's right lower extremity disability and need for a new VA examination.

The Veteran's claims for increased ratings for degenerative disc disease at L5-S1, status-post hemilaminectomy and discectomy, and chronic left L-5 radiculopathy were denied as the evidence did not show incapacitating episodes or unfavorable ankylosis of the spine.,The Veteran was not granted a rating in excess of 40 percent for degenerative disc disease at L5-S1, status-post hemilaminectomy and discectomy, due to lack of evidence of incapacitating episodes.

The Board has remanded several claims for further development, including a VA examination to determine the nature and etiology of TMJ, as well as examinations for left sided sciatica, lumbar spine degenerative arthritis, right ankle sprain with instability, sinusitis, status post lumbar spine scar, and spermatocele, status post vasectomy. The claims are remanded due to the need for additional medical evidence and examination.

The Veteran's LLE and RLE radiculopathy, sciatic nerve have been rated at 20 percent since December 14, 2012. The Board finds the current ratings are appropriate based on moderate incomplete paralysis.,The Veteran's LLE and RLE radiculopathy, femoral nerve have been rated at 10 percent since September 24, 2019. The Board finds the current ratings are appropriate based on mild incomplete paralysis.

The Board has remanded the case for further development and consideration, including obtaining an addendum medical opinion on the Veteran's TDIU claim to clarify his work history as a military contractor.

The Veteran's initial rating for back disability was denied, but a higher rating of 20 percent is granted effective January 18, 2014. A separate 10 percent rating is granted for right lower extremity radiculopathy from the same date.

The Board has remanded the issues of service connection for various hand, foot, and lower extremity disorders due to incomplete examinations and the need to determine if the Veteran served in the Republic of Vietnam or Southwest Asia. The VA will conduct the necessary examinations and provide opinions regarding the etiology of these conditions.

The Board has granted service connection for a left ankle disorder and remanded the issues of rating in excess of 20 percent for degenerative disc disease, lumbar spine; rating in excess of 10 percent for right lower extremity radiculopathy; and entitlement to a total disability rating due to individual unemployability (TDIU).

The Veteran's lumbosacral radiculopathy of the right lower extremity is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence.

The Veteran's right and left lower extremity radiculopathy are granted with a rating of 20% effective from November 4, 2020. The issue of entitlement to TDIU is remanded.

The Board has remanded the case for further development due to an error in the previous decision regarding the nature of the Veteran's claims and a need for additional medical examination.

The Board has remanded the case due to insufficient examination and opinion regarding the Veteran's low back disability, which is presumed to be related to service.

The Board has dismissed the Veteran's appeals for higher ratings and earlier effective dates for his spinal conditions, as well as his claim for TDIU. The appeal is dismissed due to the Veteran's death.

The Veteran's lumbar spine disability is rated at 10 percent prior to February 5, 2020 and at 40 percent since that date.,Since June 22, 2012, the Veteran's left lower extremity radiculopathy and neuropathy associated with his lumbar spine disability are rated at 10 percent.