Radiculopathy & sciatica decisions — 2022

The Veteran's initial rating for diabetic nephropathy is granted at a 60 percent level, but no higher. The other issues are remanded due to the failure to secure VA treatment records.

The Board has remanded the Veteran's claims for increased ratings for lumbar spine disability, right and left lower extremity radiculopathy, and TDIU due to inadequate examination reports. The cases are being returned for further development.

The Veteran's appeal involves multiple ratings for stroke residuals, including cognitive disorders and nerve impairments. The Board has ordered remand to obtain additional medical records, conduct examinations, and address the severity of his service-connected conditions.

The Veteran's service-connected disabilities, including diabetes mellitus and its complications, have rendered him unable to secure or follow substantially gainful employment.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his lumbosacral strain, left knee radiculopathy, and instability. The appeal for sleep apnea is also being remanded due to a lack of consideration of relevant evidence.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance due to his service-connected disabilities, finding that he does not meet the criteria for such benefits.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination regarding his dental disorder, left ankle disorder, lumbar spine disorders, cervical spine disorders, inguinal hernia, cauda equina syndrome, shoulder disorders, radiculopathy, neurogenic bladder, and erectile dysfunction.

Service connection is granted for myofascial pain of the cervical spine, thoracic spine, left upper extremity radiculopathy, and right upper extremity radiculopathy. Service connection remains pending for left lower extremity radiculopathy and right lower extremity radiculopathy.

The Veteran's mental disorder is rated at 70 percent prior to December 18, 2019, and at 70 percent thereafter. The ratings for the lumbar spine disability and associated radiculopathy are remanded for further evaluation. TDIU and SMC based on service-connected disabilities are also remanded.

The Veteran's bilateral sciatic radiculopathy is granted as secondary to his service-connected lumbosacral disc space narrowing, effective February 22, 2015.

The Veteran withdrew his appeal regarding increased ratings for several disabilities and service connection claims, including for headaches, psoriasis, psoriatic arthritis, a left knee condition, and bilateral hearing loss. The Board dismissed the appeal as a result.

The Board has remanded the claims for right knee osteoarthritis, limitation of flexion, degenerative disc disease with strain, and upper extremity radiculopathy due to inconsistencies in the October 2019 VA examination report. The RO is instructed to obtain all relevant treatment records and schedule new VA examinations.

The Board has remanded the Veteran's claims for increased evaluations for his cervical spine and radiculopathy of the right upper extremity due to inadequate VA examinations. The Veteran will need new VA examinations to assess the severity of his disabilities.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy render him so helpless as to be permanently bedridden, meeting the criteria for special monthly compensation (SMC) at the SMC(l) rate.

The Board has remanded the Veteran's claims for increased evaluations, service connection, and effective date determinations due to insufficient evidence. The Veteran is also being asked to undergo additional examinations.

The Veteran's appeals for various disability ratings and service connection claims have been dismissed due to the Veteran withdrawing his appeals prior to a decision being made.

The Board denied a TDIU on an extra-schedular basis prior to January 31, 2014, finding that the Veteran's service-connected disabilities did not prevent him from obtaining substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for various back and neck disabilities due to insufficient opinions from the previous VA examiner. The Veteran is asked to provide private treatment records, and a new opinion will be obtained regarding whether his disabilities are related to military service.

The Board has granted service connection for the Veteran's left knee disability and remanded other issues due to insufficient evidence.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to work. The matter will also be referred to the Director of Compensation and Pension Services for consideration of extraschedular TDIU.