Radiculopathy & sciatica decisions — 2021

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities effective October 27, 2012. The decision is mixed as some issues were granted and others not.

The Veteran's TDIU claim is granted, effective March 7, 2002, due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability. The issue of service connection for migraines, as secondary to the Veteran's service-connected cervical spine, is remanded.

The Veteran's cervical strain, arthritis, and IVDS with radiculopathy of bilateral upper extremities are not service-connected. The VA examiners found no evidence linking these conditions to his military service or any in-service injury.

The Board denied the Veteran's claim for a TDIU based on service-connected disabilities, finding that her combined disability rating did not meet the schedular requirements and that an extraschedular rating was not warranted.

The Board has remanded the Veteran's claims for increased ratings for peripheral neuropathy of the bilateral upper and lower extremities, diabetes mellitus, type II, gastroesophageal reflux disease (claimed as Barrett’s esophagus and esophageal varices), and service connection based on secondary to service-connected conditions. Additional VA treatment records were recently obtained and must be associated with the claims file.

The Veteran's claim for service connection for diabetes mellitus, type II and related peripheral neuropathy of the upper and lower extremities has been reopened due to new evidence. Service connection is granted.,Service connection for diabetes mellitus, type II and related peripheral neuropathy of the upper and lower extremities is granted as a result of herbicide exposure during service.

The Board has dismissed the appeals for a disability rating in excess of 10 percent for left and right lower extremity radiculopathy due to the death of the appellant.

The Veteran's claims for increased ratings for lumbar spine spondylosis and sciatic nerve radiculopathy of the lower extremities have been remanded by the Board.,No effective date has been provided as the issues are still under review.

The Board has determined that additional development is needed to determine if the Veteran's left leg neurological condition is related to his military service and whether it is caused by or aggravated by his service-connected disabilities. The case will be remanded for further action.

The Veteran's initial compensable rating for erectile dysfunction was denied.,Higher ratings for left and right lower extremity sciatica prior to December 31, 2019 were not granted.,Higher ratings for left and right lower extremity sciatica from December 31, 2019 were also not granted.

The Board has ordered remand for the Veteran's claims of increased ratings for his service-connected lower back disability, right lower extremity radiculopathy, and GERD. The remand requires additional development to address inconsistencies in diagnoses, assess functional loss due to flare-ups, and determine whether the Veteran’s symptoms are attributable to his service-connected conditions.

The Veteran's claims for increased ratings for various diabetic neuropathies have been denied as the evidence does not support a finding of more than the currently assigned disability ratings.

The Board has remanded the Veteran's claims for service connection due to inextricably intertwined issues with his claim for cervical spondylosis. The Veteran is not entitled to service connection for left upper extremity radiculopathy, right knee disability, left knee disability, right upper extremity radiculopathy, cervicogenic headaches, and right carpal tunnel syndrome.

The Veteran is granted TDIU on a schedular basis from November 8, 2017. The Veteran's previously service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to December 1, 2016.

The Veteran's claim for special monthly compensation (SMC) at the housebound rate prior to May 22, 2019 was denied as he did not meet the legal criteria for payment of compensation under that criterion. The Board found no evidence showing the Veteran is permanently and substantially confined to his home due to service-connected disabilities.

The Veteran's service-connected conditions do not meet the criteria for SMC based on need for regular aid and attendance or by reason of being housebound.

The Board has found that further evidentiary development is necessary and remands the case to ensure compliance with prior remand instructions. The Veteran's back condition and nerve conditions are being examined again due to his reported worsening.

The Veteran's service-connected disabilities, including PTSD, low back disability, bilateral hip arthritis, and sciatic nerve radiculopathy, have rendered him unable to secure or maintain substantially gainful employment since January 9, 2006. The decision grants a total disability rating due to individual unemployability from that date.

The Board has remanded the case for further development due to insufficient evidence regarding the etiology of the Veteran's bilateral lower extremity radiculopathy and its relationship to his service-connected lumbar myositis.