Radiculopathy & sciatica decisions — 2021

The Veteran's hyperlipidemia was not service-connected as it is a laboratory finding and does not constitute a disability for VA compensation.,Service connection was denied for right lower extremity diabetic peripheral neuropathy, sciatic nerve (claimed as “neuropathy associated with DM2 (herbicide) with ED”) due to lack of evidence showing the condition was incurred or aggravated during service.,Service connection was denied for left lower extremity diabetic peripheral neuropathy, sciatic nerve (claimed as “neuropathy associated with DM2 (herbicide) with ED”) for similar reasons.,There is no evidence of tick bite disease in the record.,No residual maladies of vaccines were found in the Veteran's medical history.,Residuals of a broken nose are not established in the record.,Inguinal hernia and its residuals have not been substantiated by the evidence.,Malaria and its residuals are not supported by the available records.,Umbilical hernia and its residuals were not found in the Veteran's medical history.

The Board has remanded the claims for an addendum VA medical opinion to determine the severity of the Veteran's peripheral neuropathy throughout the appeal period, as the relevant VA examination reports did not seem to include determinations regarding whether the Veteran’s peripheral neuropathy was mild, moderate, moderately severe, or severe.

The Veteran's claim for a higher initial rating on an extraschedular basis for his low back disability prior to May 23, 2011 was denied. The Veteran is in receipt of SMC based on need for aid and attendance due to loss of use of both feet.

The Veteran's claim of entitlement to a TDIU was part and parcel of his underlying claim of entitlement to increased ratings for his shoulder condition. The Board denied the TDIU as it appears that the Veteran was gainfully employed, although there is incomplete information regarding the precise dates of employment and whether such was gainful.

The Veteran's service-connected disabilities (low back injury and diabetes) did not prevent him from obtaining or maintaining substantially gainful employment prior to February 20, 2008.

The Veteran's hearing loss of the left ear and right ear, osteomyelitis, bilateral hip disability, radiculopathy of the bilateral lower extremities, and back scar are all remanded for further evaluation. The Veteran's claims will be reconsidered based on new evidence and examinations.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, and his PTSD with post-concussion syndrome is rated at 70 percent. Both conditions are denied for higher ratings.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected conditions, particularly for his lumbar spine disability. The claims are being remanded to obtain relevant treatment records and to schedule a VA examination.

The Board has remanded the Veteran's claims of entitlement to service connection for left knee disability, cervical spine disability, thoracolumbar spine disability, and sciatica due to inadequate VA medical opinions in previous remands.

The Veteran's representative requested withdrawal of all appealed issues prior to the promulgation of a decision by the Board, leading to their dismissal.

The Board has granted service connection for a back disability and lumbar radiculopathy as secondary to the Veteran's service-connected right leg disability. Service connection for erectile dysfunction is also granted, but it remains unclear if this is related to his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD and diabetes-related conditions, render him unable to continue working in any substantially gainful capacity. The Board has determined that he is entitled to a TDIU based on the combined rating of his service-connected disabilities.

The Veteran withdrew her claims for service connection and evaluations related to various conditions, including constipation, left ankle fracture, fatigue and insomnia, cervical spine disability, ganglion cyst of the left knee, allergic rhinitis, lumbosacral strain, lower extremity radiculopathy, and left ankle surgery.

The Board has dismissed the appeals for earlier effective dates and increased evaluations of service connection claims due to the appellant's death.

The Board has remanded the issues of increased ratings for radiculopathy of the upper and lower extremities due to incomplete information in previous VA examinations. The case will be returned to the AOJ for issuance of a supplemental statement of the case (SSOC).

The Veteran's LLE radiculopathy is granted a 40% disability rating, effective from the date of the decision. The Veteran's lumbar spine disability remains at a 20% disability rating.

The Veteran's claims for increased ratings for lumbosacral intervertebral disc syndrome, right and left lower extremity radiculopathy are being remanded due to the need for additional development of his medical records.

The Board has remanded the case for a VA examination and medical opinion to determine if the Veteran's low back disability and right leg sciatica are related to his service or service-connected conditions.

The Veteran's claims for increased evaluations for left lower extremity radiculopathy and dysthymic disorder were denied. The Board found that the evidence did not support higher ratings based on the severity of symptoms.

The Veteran's claim for service connection for kidney stones is granted. The claim for increased evaluation for degenerative disc disease of the lumbar spine, rated 10 percent prior to January 17, 2017 and 40 percent since then, is denied. The claims for higher ratings for right lower extremity radiculopathy, left lower extremity radiculopathy, and right knee limitation of flexion are also denied. A rating of 10 percent for right knee lateral meniscus tear is granted. The claim for total disability rating based on individual unemployability prior to March 26, 2018 is denied.