Radiculopathy & sciatica decisions — 2022

The Veteran's asthma and chronic sinusitis are granted service connection due to presumed exposure during the Gulf War. The low back disorder, bilateral lower extremity radiculopathy, and erectile dysfunction are remanded for further examination and opinion regarding presumptive service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his lumbar spine disability, radiculopathy of the left lower extremity, and whether he is entitled to TDIU prior to October 3, 2017.

The Veteran's appeal for higher ratings and service connection for various conditions has been dismissed due to withdrawal. The issue of service connection for degenerative disc disease, cervical spine, is remanded.

The Veteran's lumbar spine disability and sciatic radiculopathy of both legs are rated based on their functional impairment, with the highest rating granted for a 40 percent from May 4, 2013, to November 2, 2018. The case is remanded due to further development being necessary.

The Veteran's right lower extremity radiculopathy was granted an increased rating of 20 percent, but no higher, from September 21, 2020. Prior to this date, the Veteran's condition was rated at 10 percent.

The Board has remanded the Veteran's claims for increased ratings for cervical radiculopathy and carpal tunnel syndrome in both upper extremities due to inadequate reasons and bases provided in the January 2021 decision. The case is now pending for further examination and rating.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent prior to June 12, 2017 and denied a higher rating.,The Veteran's radiculopathy of the right lower extremity is currently rated at 20 percent from June 12, 2017, to November 5, 2021 and denied a higher rating.,The Veteran's radiculopathy of the right lower extremity is currently rated at 40 percent since November 6, 2021 and denied a higher rating.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for regular aid and attendance or housebound status.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating prior to July 9, 2012. The Board has remanded the issue of entitlement to an extraschedular TDIU rating for referral to the Director of Compensation Service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete examinations, missing records, and inextricably intertwined issues. The Veteran will need new examinations for his left knee, cervical spine, left shoulder, and bilateral radiculopathy of the upper extremities.

The Veteran's service-connected disabilities rendered him in need of the regular aid and attendance of another person prior to August 27, 2020, which resulted in a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's request to continue the appeal of service connection for a left hand disability and an initial rating higher than 10 percent for tinnitus was withdrawn during the October 2021 Board hearing.,A claim to reopen the previously denied claim of service connection for bilateral hearing loss has been granted, as new evidence related to current bilateral hearing loss has been submitted.

The Board has determined that additional development is needed for the Veteran's claims regarding her lumbar spine degenerative disc disease and left lower extremity radiculopathy, as she testified to worsening of these conditions during her October 2021 hearing. The Veteran will need a VA examination to assess the current severity of her service-connected lumbar spine disability and lower extremity radiculopathy.

The Veteran's claims for increased evaluations of his service-connected PTSD, diabetes mellitus type II with erectile dysfunction, and sciatic nerve peripheral neuropathy were denied. The claim for the right knee disability was remanded.

The Board has remanded several issues related to the Veteran's disabilities, including right shoulder disability, psychiatric disability, thoracic and lumbar spine disability, sciatic nerve radiculopathy, femoral nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and right lateral collateral ligament sprain. The remand requires obtaining additional VA treatment records and scanning relevant documents into VistA Imaging or CPRS.

The Veteran's claim for increased ratings for his neuroma of the greater trochanteric incision and chronic lumbosacral plexopathy with radiculopathy was denied. The Board found that a 30 percent rating is warranted from December 4, 2020 to December 17, 2021, but not prior to December 4, 2020 or since December 17, 2021.

The Board has remanded the claims for a cervical spine disability and left upper extremity radiculopathy as secondary to a cervical spine disability due to additional development being required.

The Board has remanded the Veteran's claims for service connection due to conflicting opinions and incomplete factual premises. The issues are inextricably intertwined with the back disability claim.

The Veteran's cervical spine degenerative disc disease and associated radiculopathy are currently rated at 30 percent. The Board has remanded the case to consider whether separate ratings for left upper extremity radiculopathy should be granted, as well as secondary service connection for any related conditions.

The Veteran's service connection claims for headaches, right shoulder disorder, and sleep apnea have been granted. The claim for a left leg condition is denied. The TDIU claim prior to September 16, 2020, is also remanded.