Radiculopathy & sciatica decisions — 2021

The Veteran's right lower extremity sciatic nerve radiculopathy was granted a 40 percent evaluation from January 16, 2020.,A separate 20 percent evaluation for right lower extremity femoral nerve radiculopathy was granted from September 1, 2017 to January 15, 2020. The Veteran's claim for a higher rating for this condition remains pending.

The Veteran's right shoulder disability is not service-connected as it did not manifest within one year of separation from active duty and there is no evidence linking the condition to his military service.,LLE radiculopathy is secondary to lumbar IVDS, warranting service connection.

The Veteran's service connection claim for an acquired psychiatric disorder other than specific phobia was denied. The reduction from a 100 percent to a 20 percent rating for his left shoulder disability, status post arthroscopic surgery, effective February 1, 2016, was upheld. His claims for higher ratings for the left shoulder and lumbar spine degenerative arthritis were denied. His claim for right lower extremity radiculopathy was also denied. The Veteran's specific phobia, bilateral hearing loss, cholecystectomy residuals, cholecystectomy scars, and right knee scars all received initial compensable ratings. Finally, his TDIU claim was denied.

The Veteran's appeals for service connection for a stomach ulcer and sciatica have been dismissed as the Veteran withdrew his appeal before the Board could make a decision.

The Board has remanded the Veteran's claims for service connection for a pulmonary disability, entitlement to a higher rating for radiculopathy of the right lower extremity, and earlier effective date for radiculopathy. The AOJ is instructed to obtain additional medical opinions regarding the etiology of the Veteran's claimed pulmonary disability and readjudicate all issues.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and additional development is required.

The Board denied the Veteran's claims for service connection for hypertension and a total disability rating based on individual unemployability (TDIU) due to lack of evidence linking his current disabilities to military service, including herbicide agent exposure. The Veteran was found not to meet the criteria for TDIU as he had multiple service-connected disabilities rated at 90% combined.

The Veteran was granted an initial disability rating of 40 percent for right and left lower extremity peripheral neuropathy (sciatic nerve) effective September 2, 2002.,From May 1, 2004 to May 27, 2004, the Veteran was granted a TDIU due to his service-connected disabilities.

The Veteran's service-connected disabilities, including right shoulder rotator cuff reconstruction, recurrent enteritis, and radiculopathy of the lower extremities, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Veteran's PTSD is rated at 10%, and his degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy are each rated at 10%. The Veteran's claims for increased ratings have been granted.

The Veteran's claim for an increased rating in excess of 30 percent for left upper extremity radiculopathy associated with cervical stenosis, status post-anterior cervical discectomy with fusion and degenerative arthritis was denied by the Board. The evidence did not show severe incomplete paralysis or complete paralysis.

The Veteran's increased disability ratings for lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and impairment of the left shoulder muscle group III have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran was granted compensation for left lower extremity sciatic neuropathy and bowel incontinence as a result of VA surgeries performed in March 2009. The conditions are considered to be the direct result of these procedures.,Both conditions were found to have been caused by an event that could not reasonably have been foreseen, leading to the granting of compensation under Section 1151.

The Veteran's bilateral hearing loss and tinnitus are found to have had their onset in service.,There is no evidence of a current gout disability or functional impairment due to gout.

The Veteran's service-connected lower back disorder and bilateral lower extremity radiculopathy do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities prevented him from securing and following any substantially gainful employment from September 23, 2008 to March 28, 2010. An effective date of September 23, 2008 for the grant of basic eligibility to Dependents' Educational Assistance (DEA) is granted.

The Veteran's claims for increased evaluations and initial compensable evaluations for his service-connected degenerative disc disease at L4-L5, associated radiculopathies of the sciatic nerve in both lower extremities, and femoral nerves in both lower extremities are being remanded due to inadequate VA examination findings. The TDIU claim is also being remanded as it is intertwined with these issues.

The Veteran's right shoulder pain and left shoulder radiculopathy have been granted service connection.,A 20 percent disability rating has been granted for dystaxia, left upper extremity.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including medical examinations.