Radiculopathy & sciatica decisions — 2022

The Veteran's claim for higher ratings for degenerative arthritis of the spine with spinal stenosis and radiculopathy of the lower extremities has been denied. The Veteran is currently assigned a 40 percent rating for his degenerative arthritis, which is the highest available under the applicable criteria.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding his claimed disabilities.

The Veteran's radiculopathy of the right lower extremity is rated at 10 percent prior to June 4, 2018. The Board has remanded this issue for further development and clarification.

The Veteran's tinnitus is granted as service-connected.,Service connection for sciatica of the right lower extremity and left lower extremity is denied.,A 30 percent rating for spastic colon syndrome is granted.,Tinea versicolor is rated at a 60 percent disability level.

The Board has remanded the Veteran's claims for right shoulder disorder, left leg sciatic nerve disorder, and pelvic pain due to inadequate VA medical opinions. The case is returned to the AOJ for further development.

The Veteran is granted special monthly compensation for regular aid and attendance due to her service-connected disabilities, including posttraumatic stress disorder, bowel incontinence, degenerative arthritis of the spine with degenerative disc disease thoracic spine and lumbar disc disease status post fusion, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), status post total right knee replacement, chondromalacia patella left knee with arthrotomy and osteoarthritis (limitation of extension), chondromalacia patella left knee with arthrotomy and osteoarthritis (instability), right lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (femoral nerve), right knee scars, left knee scar, female sexual arousal disorder, surgical scar of the neck area, surgical scar of the anterior trunk, and surgical scars of the lumbar spine.

The Veteran's back disability, including associated sciatic and femoral nerve radiculopathies, is rated at 40 percent since December 14, 2021. The rating for the back disability remains granted.

The Board has granted the Veteran's claim for service connection for bilateral lower extremity radiculopathy as secondary to his service-connected back disability, finding that there is at least equipoise evidence supporting this relationship.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grant due to lack of loss of use, blindness, burns, ALS, inhalation injury, or other permanent and total disability.

The Veteran's claims of service connection for depression/anxiety, a right knee condition, and initial increased disability ratings for his service-connected lumbosacral strain with degenerative arthritis and IVDS, and bilateral hearing loss are dismissed. The Veteran's claims for an initial increased disability rating in excess of 10 percent for right lower extremity sciatic radulopathy and left lower extremity sciatic radulopathy are also dismissed.

The Veteran's service-connected lumbar spine disability and sciatica of the left lower extremity have been rated, but there are issues with the effective dates and clear and unmistakable error to the current ratings. The Board has remanded these issues for further action.

The Board has granted service connection for left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and low back lumbar strain with radiculopathy. The Veteran's current conditions are found to be related to his active military service.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and radiculopathy of both lower extremities due to lack of evidence linking these conditions to his military service.

The Veteran's thoracolumbar spine, right knee, and right ankle disabilities were remanded for further evaluation. The abdominal incisional hernia was denied. The Veteran's right lower extremity radiculopathy with sciatic nerve involvement and left lower extremity radiculopathy with sciatic nerve involvement were granted initial 20 percent ratings.

The Veteran's lumbar spine disorder is currently rated as 20 percent prior to June 15, 2013 and 40 percent thereafter. The Board has remanded the issues of higher initial evaluations for both conditions.

The Board has ordered the case to be remanded due to inadequate VA examination in January 2022. The Veteran's lumbar spine disability and sciatic radicular pain of the right lower extremity are being reviewed for service connection.

The Veteran's hypertension and bilateral hearing loss have been denied initial compensable ratings.,Diabetic peripheral neuropathy of the left lower extremity has been granted a noncompensable rating since November 1, 2012. Diabetic peripheral neuropathy of the left femoral nerve was granted a separate 10% rating since July 7, 2021.

The Board has remanded the Veteran's claims for further examination and opinion regarding her service-connected disabilities and their impact on her ability to use her lower extremities, as well as her eligibility for financial assistance in purchasing a vehicle or adaptive equipment.

The Board denied the Veteran's claim for TDIU from August 10, 2005 to August 1, 2014 as his service-connected disabilities did not meet the schedular criteria for a TDIU and extraschedular referral was not warranted.

The Board denied service connection for degenerative arthritis of the lumbar spine with stenosis and radiculopathy, right knee disability, and diabetes as secondary to degenerative arthritis of the lumbar spine with stenosis and radiculopathy due to lack of evidence linking these conditions to service.