Radiculopathy & sciatica decisions — 2021

The Veteran's Type II diabetes mellitus is granted as service connected. The Board remanded the issues of service connection for recurrent lumbosacral spine disability, recurrent right shoulder disability, and bilateral hearing loss due to lack of adequate medical evidence.

The Veteran's increased ratings claims for lumbar strain with spondylosis and associated lower extremity radiculopathy are remanded due to inadequate examination reports.

The Veteran's appeals for increased evaluations have been dismissed as he has withdrawn his appeal.

The Veteran's appeal for service connection of sleep impairment (manifested by PND) was granted. The claim for a higher rating for radiculopathy of the right lower extremity is granted with a 20% rating, and the claims for higher ratings for radiculopathy of the left lower extremity, painful movement of the right knee, frequent episodes of 'locking' and effusion into the joint in the right knee, and spondylolisthesis are all denied.

The Veteran's post-operative residuals of a herniated lumbar disc and lumbar spondylosis with IVDS are not entitled to a compensable initial rating prior to July 23, 2012. The Veteran's radiculopathy of the right lower extremity is not entitled to an initial rating in excess of 10 percent prior to July 23, 2012.

The Board has denied the Veteran's claims for service connection for sciatica and bilateral hip disability, finding that these conditions are not related to his service-connected right foot injury.

The Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are all rated at the maximum allowable under VA regulations. The Veteran’s right hand disability is also rated at the maximum allowable.

The Veteran's TDIU claim is denied as he does not meet the schedular threshold for a TDIU prior to January 30, 2019 due to his service-connected disabilities. The combined rating was at least 70% since July 30, 2013 and 100% effective since January 30, 2019.

The Veteran's appeal for an evaluation in excess of 10 percent prior to October 13, 2020 and in excess of 20 percent thereafter for radiculopathy of the left lower extremity has been dismissed due to his withdrawal of the appeal.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected flat-topped talus right foot with arthritic changes. The claim for service connection for bilateral cervical radiculopathy was denied, and a TDIU was granted.

The Board has remanded the Veteran's claims for increased ratings for his service-connected intervertebral disc syndrome, sciatica of the right lower extremity, and bilateral femoral radiculopathy due to additional development being required.

The Veteran's cervical spine strain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,Service connection for left upper extremity radiculopathy associated with service-connected cervical spine strain has been granted.

The Board has remanded the Veteran's claims for increased disability ratings for radiculopathy of the bilateral lower extremities and for TDIU due to incomplete compliance with previous remand instructions.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Veteran's service-connected lumbar spine disability, bilateral lumbar radiculopathy, and scar do not preclude him from securing or following substantially gainful employment.

The Veteran's appeal for an initial rating in excess of 20 percent for diabetes mellitus type II (DM) was denied. The Board found that the evidence did not support a higher rating as regulation of activities is not required to manage DM. For TDIU prior to February 12, 2013, the Veteran's service-connected disabilities were deemed insufficient to render him unable to secure or follow a substantially gainful occupation.

The Veteran's erectile dysfunction is granted as secondary to his service-connected mental health disorder. His bilateral hearing loss and tinnitus are denied due to lack of in-service onset or continuity, and no nexus to service has been established.

The Board has found that the Veteran missed scheduled examinations for his claimed conditions and has ordered them to be rescheduled. The claims of service connection for degenerative arthritis of the shoulders, spine, hips, knees, peripheral neuropathy of the bilateral lower extremities, and radiculopathy of the bilateral lower extremities are remanded.

The Board has determined that the VA examinations conducted in January and August 2020 do not substantially comply with the remand directives, necessitating further development to obtain addendum opinions regarding pain levels during range of motion testing and functional loss due to repetitive use.

Effective dates of September 3, 2004 and January 26, 2012 have been granted for service connection for left lower extremity radiculopathy and right lower extremity radiculopathy respectively.