Radiculopathy & sciatica decisions — 2021

The Veteran's claim for a higher rating for lumbar spine DDD prior to September 9, 2019 was granted. A separate compensable rating of 20 percent for RLE sciatic radiculopathy beginning May 8, 2012 is also granted.

The Veteran's appeal for service connection for cervical radiculopathy, right upper extremity was dismissed.,A rating in excess of 30 percent for cervical spine degenerative disc disease from August 4, 2014 is denied.

The Veteran's claims for increased disability ratings and effective dates related to his service-connected lumbar spine strain, left and right lower extremity sciatic nerve radiculopathy, and TDIU are being remanded due to the need for further development.,Additionally, the Veteran's claim for specially adapted housing and special home adaptation grant is also being remanded.

The Veteran's service-connected disabilities (lumbar spine disability, gastritis, radiculopathy of the lower extremity, hypertension, and right achilles disability) have rendered him unemployable since July 18, 2019. The Board granted his TDIU claim.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) for the period prior to January 11, 2019, due to his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities.

The Veteran's right lower extremity radiculopathy is granted with a 10 percent rating, and his lumbar strain prior to June 11, 2019, is granted at a 40 percent rating. A higher rating for lumbar strain beyond this date is denied, as well as the Veteran's claim for TDIU.

The Veteran's claim for a higher rating than 10 percent for right lower extremity radiculopathy affecting the sciatic nerve was denied. A 20 percent initial rating for right lower extremity radiculopathy affecting the femoral nerve from March 8, 2016, is granted.

The Veteran's claims for increased ratings for various knee and back disabilities have been denied. The lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee degenerative arthritis, and left knee degenerative arthritis are all rated as they currently stand.

The Board has determined that a new VA examination is necessary to assess the current severity of the Veteran's service-connected lumbar spine and radiculopathy disabilities, as he reported worsening symptoms since his last VA examination in August 2015.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed as the appellant withdrew his appeal through his attorney.

The Board has remanded the Veteran's claims for increased ratings and service connection due to new evidence or changes in his condition since the last examination. The issues include back conditions, left leg radiculopathy, spinal fusion scars, testicular conditions, and buttocks conditions.

The Veteran's claims for increased ratings for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy were denied. The VA examinations indicated that the Veteran had limited range of motion in his lumbar spine and legs, with pain affecting his ability to perform daily activities.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Veteran's PTSD is rated at 100% and he is granted an increased rating. Additionally, SMC at the housebound rate is granted from May 14, 2015 to November 11, 2015 and from February 1, 2016 to April 4, 2016.

The Board denied service connection for bilateral hearing loss, left leg sciatica, and allergic rhinitis as the evidence did not show current diagnoses or a link to service.,Service connection requires proof of a current disability. The Veteran does not have a diagnosed condition that meets VA criteria for a disability in any of these cases.

The Veteran's appeal is remanded for additional development to determine the etiology of his nonspecific interstitial pneumonitis and to obtain private treatment records from Dr. J.P. and Paradigm Orthopedics.

The Veteran's sciatic and femoral neuropathies have been granted a rating of 20 percent prior to August 2, 2010. From October 18, 2019 onwards, the ratings for sciatic neuropathy are 40 percent each leg and for femoral neuropathy are 30 percent each leg.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy have been remanded due to the need for additional development. The low back disability claim is also being remanded.

The Veteran was granted a Total Disability Rating Based on Individual Unemployability (TDIU) effective November 28, 2007. The Board found that the Veteran's service-connected disabilities rendered him unemployable beginning February 8, 2006.

The Board denied the Veteran's claim for service connection of a back condition, finding that there is no evidence to support a link between his current low back disability and an in-service injury or disease.