Radiculopathy & sciatica decisions — 2022

The Veteran withdrew his appeals for service connection of several conditions, including neurological disorders and knee issues. The claims were dismissed as the evidence did not meet reopening criteria.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance or at the housebound rate due to his employment, which precludes him from meeting the criteria for this benefit.

The Board has remanded the claims for further development due to new evidence added to the record.

The Veteran's radiculopathy of the left lower extremity was rated at 10 percent prior to December 28, 2010, and at 20 percent from December 28, 2010, to December 19, 2021. The Board has now granted a 40 percent rating for the condition on or after December 19, 2021.,The Veteran's radiculopathy of the left lower extremity is characterized by severe intermittent pain, paresthesias and/or dysesthesias, and numbness in the sciatic nerve. The Board found that this constitutes moderately severe incomplete paralysis.

The Board has remanded the claims for further development due to inadequate medical opinions regarding the etiology of the Veteran's lumbar spine and bilateral knee disabilities. The claims are being returned to the agency of original jurisdiction (AOJ) for additional development.

The Veteran's low back disability is rated at 40 percent, and the rating for right leg radiculopathy prior to February 8, 2016 is granted at 10 percent. The ratings for right leg radiculopathy from February 8, 2016; left leg radiculopathy prior to October 14, 2016 and from October 14, 2016 to January 10, 2017 are all denied. The ratings for right leg peripheral neuropathy, left leg radiculopathy after January 11, 2017, and left leg peripheral neuropathy after January 11, 2017 are also denied.

The Board has granted the Veteran's claims for service connection for left and right upper extremity radiculopathy as secondary to her service-connected cervical spine disorder.

The Board has determined that the VA examinations are inadequate and requires another examination to assess the severity of the Veteran's service-connected bilateral femoral nerve radiculopathy.

The Board dismissed the appeals for increased evaluations of lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy as the appellant withdrew his appeal prior to a decision.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records.

The Veteran's PTSD with depressive disorder, not otherwise specified, is rated at 70 percent. Increased ratings for diabetic peripheral neuropathy of the right upper extremity and left upper extremity are denied. Increased ratings for diabetic peripheral neuropathy of the right lower extremity (sciatic nerve) and left lower extremity (sciatic nerve) are granted.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's claim for special monthly compensation based on need for aid and attendance, finding that his service-connected disabilities did not cause him to be in need of regular aid and assistance.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's service-connected low back disability and right lower extremity radiculopathy, as the previous examinations were inadequate.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran withdrew her appeals on multiple issues, including service connection and increased rating claims. The Board dismissed the appeal due to these withdrawals.

The Veteran's right lower extremity radiculopathy, femoral nerve was granted a 20% disability rating from June 28, 2017 to May 17, 2021. A higher rating is denied for the period after May 17, 2021. The Veteran's service connection claims for instability and swelling of the left ankle, right ankle, and bilateral shin splints are remanded due to inadequate medical opinions.

The Board has dismissed appeals seeking increased ratings for right lower extremity sciatic neuropathy with degenerative disc disease and residuals of a gunshot wound to the left foot.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as it is unclear whether the Veteran has submitted a completed VA Form 21-8940 and/or VA Form 21-4192. The Veteran's TDIU application status needs to be clarified.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on mild incomplete paralysis.