Radiculopathy & sciatica decisions — 2021

The Board has remanded the claims for frostbite of the feet, lower back disorder, and bilateral lower extremity and upper extremity disorders due to unresolved issues.

The Veteran's service-connected disabilities do not cause the need for regular aid and attendance of another person, as his physical impairments are due to nonservice-connected conditions.

The Veteran's right and left lower extremity radiculopathy are granted as secondary to his service-connected lumbar spine disability. The issues of entitlement to a left shoulder disorder, an increased rating for right shoulder degenerative arthritis, and TDIU due to service-connected disabilities remain pending.

The Board denied service connection for various conditions, including a chronic lumbar spine disorder, left and right lower extremity radiculopathy, right shoulder disorder, bilateral hip disorders, and neurological disorders of the upper extremities, as there was no evidence showing these conditions were related to active service.

The Veteran's service-connected disabilities, including degenerative disc disease, left knee osteoarthritis, right knee osteoarthritis, tinnitus, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity, have rendered him unable to secure or follow substantially gainful employment from March 7, 2016 to January 17, 2019.

The Board has remanded the Veteran's claims for additional development due to incomplete records and requests for further information.

The Veteran's TDIU claim is remanded for extraschedular consideration due to his service-connected disabilities.

The Veteran's cervical strain is rated at 30 percent, and his radiculopathy of the left and right upper extremities are each rated at 20 percent from December 7, 2009. The Veteran's ratings for radiculopathy have been denied as they exceed 20 percent.

The Veteran's service-connected degenerative disc disease at L4 and L5 S1, along with chronic strain of the lumbar spine, is rated 20 percent disabling. The radiculopathy of both lower extremities remains rated 20 percent disabling.

The Veteran's appeals for earlier effective dates and initial ratings have been withdrawn.,Service connection was granted for diabetes mellitus type II, diabetic nephropathy with hypertension, left and right sciatic nerve peripheral neuropathy, left and right femoral nerve peripheral neuropathy, and left and right upper extremity peripheral neuropathy as secondary to service-connected diabetes mellitus type II. The effective dates of these awards are January 16, 2014.

The Veteran's claim for an increased rating for his low back disability was denied.,An initial rating of 40 percent, but no higher, for RLE radiculopathy of the sciatic nerve is granted effective February 21, 2012.,An initial rating of 20 percent, but no higher, for RLE radiculopathy of the femoral nerve is granted effective December 27, 2011. The claim for a higher rating prior to this date was denied.

The Veteran's disabilities, including his cervical and thoracolumbar spine conditions and left elbow condition, do not meet the criteria for a finding of permanent and total disability for pension purposes.

The Board has remanded the cases due to errors in the previous decisions regarding service connection for arthritis of the low back and sciatica of the right lower extremity, both secondary to service-connected low back strain. The VA must obtain a medical opinion on whether the Veteran's arthritis is caused or aggravated by her service-connected low back strain.

The Veteran's claims for service connection for fibromyalgia, a rating in excess of 40 percent for residuals of a back injury, and initial disability ratings for radiculopathy were denied. The Veteran's claim for TDIU was also remanded.

The Veteran's service-connected disabilities, including lumbar spine degenerative disc disease and spondylosis, left ankle degenerative joint disease, tinnitus, tender scars, inter-trochanteric fracture of the right hip, radiculopathy involving sciatic nerve on the left, and right knee strain, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his disabilities are sufficiently disabling to meet the criteria for TDIU.

The Veteran's service-connected left lower extremity radiculopathy with sciatic nerve involvement is rated at 10 percent, the minimum rating available under Diagnostic Code 8520 for mild incomplete paralysis.

The Board has granted service connection for degenerative arthritis of the spine with bilateral lumbar radiculopathy, finding that the Veteran's current disability is related to an in-service back injury and resolving reasonable doubt in her favor.

The Veteran's appeal for increased ratings for lumbosacral and thoracic strain, as well as right lower extremity radiculopathy, was denied. The rating for lumbosacral and thoracic strain from June 5, 2014 to November 18, 2019 is still at 20 percent. From November 19, 2019 onwards, the Veteran's condition has been rated at 40 percent.

The Board has determined that further development is necessary before the claims for service connection can be adjudicated. The Veteran's claims of service connection for right lower extremity sciatic nerve damage, residuals of a heart valve replacement, and reproductive system disability are remanded due to incomplete medical records.

The Veteran's service-connected lumbar spine condition, right lower extremity radiculopathy, and right ankle condition have prevented him from securing or following a substantially gainful occupation since February 15, 2018. A TDIU is granted effective that date.