Radiculopathy & sciatica decisions — 2022

The Veteran's bilateral lower extremity sciatic nerve peripheral neuropathy and erectile dysfunction are granted at a 40 percent rating, effective from the date of the decision. Diabetes mellitus type II is also granted at a 40 percent rating.

The Board dismissed all appeals for increased ratings and effective date claims related to various conditions, including cervical spine, left upper extremity radiculopathy, posttraumatic degenerative changes of the right ankle, right shoulder rotator cuff strain/tendonitis, degenerative changes of the left knee, degenerative changes of the right knee, sciatic nerve radiculopathies in both lower extremities, and femoral nerve radiculopathy.

The Board denied service connection for left lower extremity radiculopathy and granted service connection for an acquired psychiatric disorder. The left lower extremity radiculopathy was not found to be related to the Veteran's lumbosacral strain, while his acquired psychiatric disorder was linked to events during active military service.

The Veteran's claim for increased ratings was denied, except for the left lower extremity radiculopathy of the sciatic nerve which was granted from October 6, 2014 onwards. The low back disability and right lower extremity radiculopathy were not granted higher ratings.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and medical opinions.

The Veteran's left knee disability is rated at 60 percent, and the right knee disability is rated at 50 percent. The Veteran seeks increased ratings for these conditions.,SMC based on need for regular aid and attendance or housebound status from March 1, 2021 was denied as he does not meet the criteria.

The Veteran's claim for service connection for a TBI was denied as there is no current disability of a TBI. The claims for right shoulder and left leg radiculopathy were granted.,Service connection was established for the right shoulder disability, which is considered direct service connection.

The Veteran's claims for increased ratings and remand have been addressed. The AOJ is directed to schedule the Veteran for VA examinations to assess his right knee, lumbar spine, sciatic radiculopathy, and femoral radiculopathy.,The Veteran's TDIU claim remains inextricably intertwined with the increased rating issues.

The Veteran's lumbar degenerative disc disease is rated at 20 percent, and his bilateral lower extremity radiculopathy are each rated at 20 percent. The appeal for a higher rating for the lumbar condition has been denied.

The Board has denied service connection for hemorrhoids and remanded the claim for a lower back disorder (claimed as sciatic nerve pain). The case is now before the Board again, with an addendum opinion needed to address the nature and etiology of the Veteran's lower back disorder.

The Board denied increased evaluations for lumbar spine disc herniation, right lower extremity radiculopathy, and left lower extremity radiculopathy as the evidence did not support ratings higher than 20 percent.

The Board dismissed the service connection claims for lumbar spine disability and bilateral lower extremity radiculopathy due to the death of the appellant.

The Veteran's initial 70 percent rating for PTSD is granted, with an effective date of May 14, 2008. The appeal regarding increased ratings and earlier effective dates for various conditions remains pending.

The Board has remanded the cases of service connection for a low back disability, radiculopathy associated with a low back disability, and bilateral hearing loss due to lack of adequate rationale in the private medical opinions provided by the Veteran. The VA is instructed to obtain private treatment records and schedule the Veteran for additional examinations.

The Veteran's DIC claim under 38 U.S.C. § 1318 was dismissed as the appellant withdrew it during a hearing before the Board.,Service connection for diabetes mellitus, type II, was granted in April 2020 and is considered moot due to the dismissal of the DIC claim.

The Veteran's service-connected disabilities, in the aggregate, likely preclude him from securing or following substantially gainful employment. The Board has granted a TDIU.

The Veteran's appeal is remanded for further development due to the need for additional examinations and consideration of his claims.

The Board has remanded the Veteran's claims for increased disability ratings for his service-connected lower extremity radiculopathy and thoracolumbar spine spondylolisthesis with intervertebral disc syndrome (IVDS) and lumbosacral strain due to insufficient information regarding functional loss during flare-ups and after repeated use over a period of time.

Effective dates of January 25, 1983, have been granted for service connection of Degenerative disc disease (DDD) of the lumbar spine and Radiculopathy of the left lower extremity.

The Veteran's claim for service connection for bilateral knee condition, cervical spine disability, left and right lower extremity radiculopathy, and upper extremity radiculopathy was granted. However, the claims were denied as there is no evidence of a nexus to active service or service-connected disabilities.