Radiculopathy & sciatica decisions — 2021

The Veteran's appeal is being remanded due to the need for additional development and examination, including obtaining SSA records and a VA male reproductive examination.

The Board has dismissed the Veteran's appeals for various conditions and issues due to improper docketing under the Appeals Modernization Act (AMA). The Veteran is advised that she may pursue her claims under the legacy system.

The Veteran's radiculopathy affecting the right and left sciatic nerves with periodic limb movement syndrome was rated at 10 percent prior to May 25, 2018. The Board found that the evidence did not support higher disability ratings due to mild impairment of the lower extremities.

The Board has denied the Veteran's claims for service connection for various knee, hip, and back disabilities. The claim for left knee disability was dismissed due to withdrawal by the Veteran. Service connection is granted for thoracic scoliosis and low back strain.

The Veteran's lumbosacral strain with arthritis and IVDS, bilateral lower extremity radiculopathy, and hepatitis C have been granted increased ratings of 20 percent each.

The Board has remanded the Veteran's claims for service connection for radiculopathy of the bilateral lower extremities, as secondary to a cervical spine disability. The case is being returned to the RO for further action.

The Veteran's claims for increased ratings and TDIU are remanded due to inadequate examination reports regarding the severity of his service-connected lumbar spine, cervical spine, and radiculopathy disabilities. The Veteran must be scheduled for new examinations.

The Board has found pre-decisional duty to assist errors for all the claims on appeal, including the increased rating claim for carpal tunnel syndrome (CTS) with cervical radiculopathy of the left. The Veteran's service-connected disabilities alone do not result in loss or permanent loss of use of one or both hands or feet.

The Veteran's radiculopathy of the bilateral lower extremities is granted with a disability rating of 60 percent, effective July 21, 2009.,The Veteran also received a TDIU based on his service-connected disabilities.

The Board has granted service connection for a back disability and right lower extremity radiculopathy, finding that the evidence is in equipoise regarding these claims. The Veteran's testimony and medical records support her claim of ongoing back pain since service.

The Veteran's back disability is rated at 40 percent for the entire appeal period, with a separate 20 percent rating granted for right and left lower extremity radiculopathy from February 27, 2019.,Prior to February 27, 2019, the Veteran's back disability was rated at 40 percent. From that date forward, he is entitled to a separate 20 percent rating for each of his lower extremity radiculopathy conditions.

The Board has awarded entitlement to a schedular TDIU and is remanding the issue of entitlement to an extraschedular TDIU prior to November 16, 2015. The AOJ should also furnish an SSOC to the Veteran and his representative.

The Board denied the Veteran's claims for SMC based on need for regular aid and attendance, compensation under 38 U.S.C. § 1151 for back disability, bilateral foot disability, and leg disability due to lack of evidence showing he is in need of regular aid and attendance or permanently bedridden.

The Board denied an earlier effective date for the award of SMC at the 'L' rate based on the need for regular aid and attendance, finding that it was not factually ascertainable that the Veteran met the criteria before December 22, 2015.

The Veteran's peripheral neuropathy of the right and left lower extremities (sciatic nerve) is currently rated at 10 percent each, with separate ratings for the femoral nerves. The appeals are denied as the disability does not warrant a higher rating.

The Veteran's claim for a rating in excess of 60 percent for his lumbar spine disability was denied. He also received initial compensable evaluations for his cervical laminectomy fusion scar and L1-L4 decompression scar.

The Veteran's former attorney, J.S., is eligible for attorney fees based on the past-due benefits awarded in the January 2021 rating decision. However, the Board lacks jurisdiction to consider the issue of reasonableness of these fees as it must first go through a motion to the Office of General Counsel (OGC).

The Board denied the Veteran's claims for service connection for various conditions due to lack of new and relevant evidence.

The Veteran's service-connected right lower extremity radiculopathy and sciatic compression/lumbosacral plexopathy have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and unreadable medical documentation. The AOJ is instructed to verify her periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA), obtain any missing personnel records, and provide the Veteran another opportunity to submit additional medical evidence.