Radiculopathy & sciatica decisions — 2022

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations.

The Veteran's vision disability, specifically bilateral cataracts, is granted as secondary to his service-connected diabetes mellitus, type II. The claim for increased ratings of peripheral neuropathy of the right and left lower extremities (sciatic nerves) is denied.

The Veteran's left and right lower extremity radiculopathy are granted a rating of 20 percent, effective March 14, 2012.,The Veteran's lumbar spondylolysis is also granted a rating of 20 percent, effective March 14, 2012. Additionally, the Veteran is granted TDIU due to his service-connected lumbar spondylolysis and bilateral lower extremity radiculopathy.

The Board has remanded the Veteran's claims for increased ratings due to new evidence and conflicting medical opinions. The issues include hypothyroidism, degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, right knee degenerative joint disease, and left knee degenerative joint disease.

The Veteran's claim for service connection for a back disability was reopened due to the submission of new and material evidence. The appeal is remanded for further development, including obtaining VA treatment records and scheduling an examination.

The Board has granted a 40 percent rating for right lower extremity peripheral neuropathy (sciatic nerve) since the Veteran's symptoms are manifested as moderately severe incomplete paralysis.

The Veteran's lumbar spine disability is rated at 40 percent, effective December 20, 2013. Separate noncompensable ratings are granted for radiculopathy of the right and left lower extremities. The Veteran's left knee and right knee disabilities remain rated at 10 percent.

The Veteran's claims for increased ratings for radiculopathy of the lower extremities and lumbar spine disability have been remanded due to incomplete information or evidence. The issues include seeking higher ratings for these conditions, which are currently rated as 20 percent each.

The Veteran's back disability resulted in a separate rating of 20 percent for right lower extremity radiculopathy as of February 2, 2017, and a separate 10 percent rating for left lower extremity radiculopathy as of April 3, 2019. The Veteran's claims for increased ratings prior to August 21, 2015, and in excess of 20 percent thereafter are remanded. The Veteran's claim for service connection for an acquired psychiatric disorder is also remanded.

The Veteran's disability ratings for left and right lower extremity radiculopathy were restored to 20 percent effective May 1, 2018. The Veteran's claims for higher disability ratings were denied.

The Board denied service connection for a lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy as secondary to the lumbar spine disability.,There is no evidence linking the Veteran's current disabilities to his military service.

The Board has remanded the case for additional examinations to determine the severity of the Veteran's service-connected neck disability, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Veteran is also being considered for aid and attendance and/or other special monthly compensation.

The Board has remanded the claims for neck disability and radiculopathy of the upper extremities due to insufficient development. The Veteran's current neck disability is not service-connected as there is no evidence linking it to an in-service injury or event, despite credible lay statements of continuity of symptoms since service.

The Board has determined that additional examinations and opinions are needed to determine the current severity of the Veteran's lumbar spine disability, radiculopathy, PFB, hypertension, and right knee disability. The appeal is being remanded for these purposes.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, and his combined rating is less than 70% even when considering multiple conditions. The Director of Compensation Service determined that the Veteran does not meet the criteria for an extraschedular TDIU due to his service-connected disabilities.

The Board has remanded the case for further development, including a new VA examination to assess the Veteran's current low back disability symptoms and rating. The earlier effective date claim is denied as there was no claim within one year of separation from service or prior to March 23, 2015.

The Veteran's right lumbar radiculopathy is rated at 20 percent, effective February 26, 2010. The claim for TDIU was denied as the Veteran has maintained substantially gainful employment.

The Veteran's bilateral lower extremity radiculopathy was rated at 10 percent prior to November 28, 2014, and 20 percent thereafter. A TDIU was granted effective from November 23, 2014.

The Board has found the Veteran's testimony credible regarding his in-service accident and continued pain since service. The case is remanded to obtain VA treatment records from 1984 and schedule a VA examination to determine if any current back disabilities are related to service.

The Veteran's service-connected disabilities render her so helpless as to need the regular aid and attendance of another person, which is granted.