Radiculopathy & sciatica decisions — 2022

The Veteran's bilateral flatfoot was granted a 50% rating effective April 26, 2017. The initial noncompensable ratings for left and right leg radiculopathy were increased to 20%, 40%, and 40% respectively from May 16, 2017 to March 26, 2019.

The Veteran's right and left lower extremity radiculopathy (sciatica) disabilities are currently rated at 20 percent each, but the Board finds that they do not warrant a higher rating as there is no evidence of more than moderate symptoms in either leg.

The Board has dismissed all claims seeking increased ratings for various conditions involving the Veteran's extremities and partial paralysis. The appeal is dismissed due to the Veteran's death.

The Board has granted service connection for a lumbar spine disability with radiculopathy, but denied service connection for hypoglycemia as it is not a compensable condition.

The Veteran's PTSD is rated at 70 percent, which is the maximum rating available.,For the period prior to September 14, 2020, the Veteran's left and right lower extremity sciatic nerve peripheral neuropathy are each rated at 10 percent. After September 14, 2020, they are both rated at 40 percent.,The Veteran is granted a TDIU for the period prior to October 5, 2019.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation, and he is also eligible for special monthly compensation due to his disabilities. The TDIU was granted effective from December 2, 2011, and the SMC housebound was granted effective from August 1, 2017.

The Veteran's service connection claims for bilateral upper extremities radiculopathy, cervical spine disability, and right knee disabilities were granted with a combined evaluation of 100 percent effective December 26, 2012. The appellant applied for Dependents' Educational Assistance (DEA) benefits under Chapter 35 on the same date and was found eligible based on her eligibility as a child of a Veteran with permanent total disability.

The Veteran's claim for a rating in excess of 40 percent for his back disability is denied. A 20 percent rating is granted for right lower extremity radiculopathy and a 20 percent rating is granted for left lower extremity radiculopathy.

The Board has remanded the cases for further development and an addendum VA medical opinion to address service connection for lumbar spine disability, orthopedic injury autoimmune reaction, and piriformis syndrome.

The Board has denied the Veteran's claims for service connection for bilateral upper extremity radiculopathy, finding that there is no evidence to support a relationship between these conditions and his military service or any service-connected disability.

The Board has remanded several issues including service connection for left leg disorder, right knee disorder, left knee disorder, and lung disorder. The Veteran's hypertension claim is denied as his blood pressure readings did not meet the criteria for a compensable rating.

The Veteran's claim for a higher disability rating for herniated intervertebral disc with degenerative disc disease is denied.,The Veteran's claims for higher disability ratings for right and left lower extremity, lumbar radiculopathy from March 11, 2020 are denied.

The Board has determined that additional evidence must be considered and the claims for service connection are being remanded to allow for a thorough review of all submitted records, including translated Social Security Administration records. The Veteran's claims will be reconsidered in light of new information.

The Veteran's back condition is granted as service connected. The left leg condition and acquired psychiatric disability are remanded for further development.

The Veteran's disability ratings for his lumbar spine and associated lower extremity radiculopathies were improperly reduced. The original ratings of 40 percent for the lumbar spine disability and 20 percent for each affected nerve were restored.

The Board has decided that the earlier effective dates for service connection of various disabilities are remanded due to incomplete documentation regarding scheduling of VA examinations.

The Veteran's low back disability and right lower extremity radiculopathy have been granted initial ratings of 20 percent from September 1, 2015 to July 14, 2020. The rating for the right lower extremity radiculopathy was changed to a higher rating of 30 percent effective July 15, 2020.

The Veteran's low back injury and associated radiculopathy are rated at 20% each, but the appeal for a higher rating is denied. The depressive disorder prior to March 31, 2016, is granted at 70%, while the appeal for a higher rating after that date remains denied.

The Board has remanded the case due to failure of the Veteran to report for VA examinations, and a new addendum opinion is needed regarding his employability.

The Veteran's appeal of his tinnitus claim is denied as he is already in receipt of the maximum schedular rating available for tinnitus. The Board finds that the Veteran's claims for higher ratings for his low back disorder, left and right sciatic nerve radiculopathy, and bilateral hearing loss must be remanded due to lack of a recent VA examination.