Radiculopathy & sciatica decisions — 2022

The Veteran's throat condition is currently diagnosed as esophageal polyps, which were not present at the time of his previous VA examinations. The Board finds a need for additional medical opinion to determine if this condition is related to service.,The Veteran has multiple service-connected disabilities rated at 100 percent (coronary artery disease) and additional service-connected disabilities independently ratable at 60 percent (right upper extremity peripheral neuropathy, left upper extremity radiculopathy, diabetes mellitus). However, the Veteran is not considered housebound due to his service-connected disabilities.

The Board has decided to remand the case due to non-compliance with previous remand directives, specifically regarding obtaining a medical opinion on occupational and functional impairment caused by service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and thus his TDIU claim is denied.

The Veteran's lumbar spine disability was previously rated at 20 percent prior to December 6, 2021 and increased to 40 percent thereafter. The claim for a higher rating remains denied.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent. A new examination is needed to determine the appropriate disability rating.,TDIU was remanded due to evidence suggesting unemployability.

The Veteran's claims for higher special monthly compensation rates based on loss of use of her lower extremities are being remanded due to the need for a VA examination and medical opinions regarding her service-connected disabilities.

The Board dismissed the Veteran's claims for service connection for bilateral lower extremity radiculopathy and low back disability due to his request to withdraw the former claim. The low back disability was denied as there is no evidence of a chronic disease in service or continuous symptoms thereafter.

The Veteran's claims for service connection have been granted, and the rating reductions were not proper. The appeals are remanded to further develop evidence.

The Veteran's service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment prior to January 12, 2015.

The Board denied service connection for peripheral neuropathy and radiculopathy of the upper and lower extremities, finding that there was no evidence to support a link between these conditions and service.

The Veteran's service-connected disabilities render her in need of regular aid and attendance, resulting in the grant of special monthly compensation (SMC) based on this need. The issue of SMC based on housebound status is moot due to the grant of SMC for aid and attendance.

The Veteran's service-connected degenerative arthritis of the back with intervertebral disc syndrome is currently rated at 40 percent, and a higher rating is denied.,The Veteran's service-connected right lower extremity radiculopathy (sciatic) and left lower extremity radiculopathy (sciatic) are both currently rated at 20 percent each.

The Veteran's service connection claim for a neurological disorder of the lower extremity, to include as secondary to lumbosacral strain, was denied. The effective date for tinnitus service connection is granted at April 25, 2009. The effective date for radiculopathy of the right lower extremity (RLE) claim is denied due to lack of evidence within one year of separation from service.

The Veteran's PTSD is rated at 50 percent, which does not meet the criteria for a higher rating.,For his back disability, he is currently rated at 20 percent and does not meet the criteria for a higher rating.,His right shoulder capsulitis is rated at 20 percent and does not meet the criteria for a higher rating.,His left shoulder capsulitis is rated at 20 percent and does not meet the criteria for a higher rating.,For his right elbow limited extension, he is currently rated at 10 percent and does not meet the criteria for a higher rating.,For his right elbow impairment of supination and/or pronation, he is currently rated at 10 percent and does not meet the criteria for a higher rating.,His GERD is rated at 10 percent and does not meet the criteria for a higher rating.,For his right lower extremity radiculopathy, he is currently rated at 20 percent and does not meet the criteria for a higher rating.

The Veteran's claim for service connection for bilateral hearing loss has been granted. Initial ratings of 10 percent have been assigned for left lower extremity radiculopathy (sciatic nerve) and left lower extremity radiculopathy (femoral nerve). The initial rating for degenerative arthritis of the spine remains at 40 percent.

The Board has decided to remand the case due to the need for further examination and opinion regarding the Veteran's obesity and obstructive sleep apnea, as well as its relationship to his service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, including lack of medical records from service and a VA opinion on the etiology.

The Veteran's bilateral pes planus has been rated at the highest schedular evaluation available, and a higher rating is not warranted.,Service connection for degenerative arthritis of the cervical spine is granted as it is proximately due to service-connected disabilities (bilateral pes planus and left knee strain).,Service connection for left upper extremity radiculopathy is granted as it is proximately due to service-connected degenerative arthritis of the cervical spine.,Service connection for right upper extremity radiculopathy is granted as it is proximately due to service-connected degenerative arthritis of the cervical spine.

The Board has remanded the cases for further development due to issues related to the Veteran's back disability, including whether she has radiculopathy and if it is caused by or aggravated by her service-connected condition.

The Veteran's appeal is remanded for further development regarding service connection for renal dysfunction.,Prior to March 10, 2022, the Veteran's sciatic diabetic peripheral neuropathy of both lower extremities was evaluated at a 10 percent rating. From March 10, 2022 to June 10, 2022, his sciatic diabetic peripheral neuropathy of the right lower extremity (RLE) and femoral diabetic peripheral neuropathy of the right lower extremity were both rated at a 20 percent disability rating.

The Board has determined that the Veteran's claims for service connection for a right sciatic nerve disorder, back disability, and left lower extremity sciatic nerve disorder are remanded due to insufficient evidence. The claims will be reviewed again with new medical examinations.