Radiculopathy & sciatica decisions — 2022

The Board has remanded the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to outstanding treatment records from the Salem Vet Center not being obtained.

Effective July 24, 2017, the Veteran was granted a 40 percent rating for degenerative arthritis of the spine and left lower extremity radiculopathy. The issues regarding service connection for left foot and right foot conditions are being remanded.

The Veteran's back disability, including lumbar strain and IVDS with bilateral sciatic nerve involvement of the lower extremities, is being remanded for further evaluation due to incomplete medical opinions.

The Veteran's claim for an earlier effective date for bilateral lower extremity radiculopathy and a higher evaluation for lumbar DDD was denied. The Board is remanding these issues.,The Veteran's TDIU claim prior to December 11, 2013 is being referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are being remanded for further evaluation. The Veteran should be provided a VA examination to assess the current severity of his service-connected lumbar spine condition, including testing active motion, passive motion, and pain with weight-bearing and without weight-bearing. If a diagnosis of lower radiculopathy is found on the Veteran's lumbar examination, the Board will determine whether it is at least as likely as not related to service.

The Veteran's wheelchair, used for his service-connected disabilities including loss of both feet due to bilateral lower extremity radiculopathy associated with bilateral pars intra-articularis defect with grade I spondylolisthesis at the L5-S1 level, tends to wear out or tear his clothing. The Board granted an annual clothing allowance for the 2017 calendar year based on this use of the wheelchair.

The Veteran is granted a total rating based on individual unemployability due to service-connected disabilities prior to May 5, 2017. The Veteran's TDIU claim was denied previously but the Court remanded it for further action.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to incomplete medical records, new evidence not yet considered, and potential interrelatedness of issues.

The Veteran's appeals for Traumatic Brain Injury and TDIU were dismissed due to the Veteran requesting to withdraw his appeal.,The remaining issues of service connection for various disabilities, including a right knee disability, low back disability, gastric disorder, neck disability, and right upper extremity radiculopathy are remanded for further development.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for a low back disability, sciatica as secondary to a low back disability, and an acquired psychiatric disorder. The issues are being remanded.

The Veteran's service-connected disabilities, including cold injury of the bilateral feet and peripheral neuropathy of the bilateral lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is granted total disability rating based upon individual unemployability (TDIU).

The Veteran's right and left lower extremity lumbar radiculopathies are rated at 20% each, with a 40% rating for both sides from May 5, 2015.,TDIU is granted effective from May 29, 2013.

The Veteran's claims for a rating in excess of 10 percent for left knee retropatellar pain syndrome and a compensable rating for left knee limitation of extension have been dismissed.,The Veteran's claim for service connection for pes planus has been granted, as new and material evidence was received since the December 2007 denial.,The Veteran's claim for service connection for cervical spondylosis has been granted, with a finding that her disability began during active service.,The Veteran's claims for service connection for radiculopathy of the left upper extremity and right upper extremity have been granted, based on evidence showing a relationship to her cervical spine disorder.

The Veteran's skin condition is granted service connection due to herbicide exposure. The cervical and lumbar spine conditions are denied as not related to active duty, while the iron deficiency anemia claim is remanded for further review.

The Veteran's claim for a higher rating for DDD of the lumbar spine with lumbosacral strain prior to March 10, 2015 was denied as there was no evidence of forward flexion to less than 30 degrees or ankylosis.,A 40 percent rating was granted for DDD of the lumbar spine with lumbosacral strain since March 10, 2015. The Veteran's symptoms were characterized by pain and limited range of motion without evidence of ankylosis or IVDS requiring physician-prescribed bedrest.,Separate ratings of 10 percent each for sciatica in the right and left lower extremities from March 10, 2015 to September 6, 2021 were granted.

The Veteran's tinnitus is granted as service-connected.,Additional records are needed to determine the nature and etiology of bilateral hearing loss, back condition, sciatica condition, left hip condition, and acquired psychiatric condition (anxiety and depression).,VA examinations are required for a comprehensive evaluation of the Veteran's claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran has foot drop, which is necessary for a higher rating. The claim will be returned to the RO for further development and consideration.

The Veteran's left lower extremity radiculopathy is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's cervical spine disability is rated at 20% for the entire appeal period, and a separate rating of 20% is granted for left upper extremity radiculopathy. The right upper extremity condition remains unclear and requires further clarification.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, leading to a TDIU being granted for the entire appeal period.