Radiculopathy & sciatica decisions — 2022

The Board has remanded the claims for service connection for right and left hip disabilities due to inadequate previous opinions. The Veteran's hip disabilities are being reviewed again to determine if they are caused or aggravated by his service-connected conditions.

The Veteran's claims for service connection have been reopened and granted.,Service connection has been established for allergic rhinitis.

The Board has remanded the case for further development, including obtaining updated VA and/or private treatment records, scheduling a VA medical examination to determine the current severity of lumbar spine strain and radiculopathy of the lower extremities, and providing retrospective opinions on when radiculopathy manifested.

The Board has dismissed the appeals for increased ratings and earlier effective dates related to scar of the right lumbar region, radiculopathy of the left lower extremity (sciatic nerve), radiculopathy of the left lower extremity (femoral nerve), and IVDS as the Veteran's authorized representative requested withdrawal of all issues in October 2022.

The Board has granted service connection for hypertension under the PACT Act, but remanded other claims due to incomplete development and need for additional medical opinions.

The Veteran's lumbar spine disability, right sciatic radiculopathy, left knee degenerative arthritis, and major depressive disorder are not rated higher than the current assigned ratings.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Board has granted initial ratings of 40 percent for right upper extremity diabetic neuropathy, 30 percent for left upper extremity diabetic neuropathy, and 20 percent each for right and left lower extremity diabetic neuropathy (sciatic nerve) effective December 9, 2021. Separate compensable ratings are denied for the femoral nerves.

The Veteran's claims for service connection for low back disability and left knee disability have been remanded due to the need for an addendum medical opinion regarding whether his disabilities are secondary to his service-connected bilateral pes planus.

The Board has remanded the Veteran's claims for service connection and rating determinations related to sciatica of the lower extremities, uveitis, and right leg length discrepancy due to incomplete medical records and inadequate VA examinations.

The Veteran's left leg disability is not related to service and did not manifest within one year of separation from service.,The Veteran's back disability is not related to service and did not manifest within one year of separation from service.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and radiculopathy, is at least as likely as not related to service. As a result, the claim for service connection is granted.

An effective date of April 22, 2018, is granted for the increase to a 20 percent rating for IVDS.,A rating in excess of 20 percent for left lower extremity radiculopathy and right lower extremity radiculopathy is denied.,TDIU is granted due to service-connected disabilities resulting in functional impairment that precludes substantially gainful employment.

The Veteran's claims for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and right lower extremity sciatica have been dismissed as the Veteran has not appealed the effective date or rating assigned. The claim for thyroid cancer is remanded due to insufficient evidence.

The Board has remanded the issue of service connection for a low back disability with sciatica, including as secondary to service-connected bilateral foot disability due to inadequate opinions on causation and aggravation.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to March 20, 2021, finding that he was substantially gainfully employed and earning an annual income in excess of the poverty threshold.

The Board has remanded the claims for further review due to insufficient reasons and bases provided in the September 2022 Supplemental Statement of the Case (SSOC). The Veteran's attorney argues that the SSOC did not provide adequate discussion of the relevant evidence, allowing the Veteran an opportunity to present arguments before the Board.

The Board has remanded the case for a retrospective VA medical opinion to assess the severity of the Veteran's service-connected radiculopathy prior to June 1, 2021. The claims are also being deferred due to their interdependence with the TDIU claim.

The Board has found that a new VA examination is needed to clarify the Veteran's left hip disability, including whether it can be diagnosed as arthritis, sciatica, and/or nerve damage. The examiner should also determine if this condition is related to service or aggravated by the Veteran's already service-connected lumbar spine degenerative arthritis.

The Veteran's spinal stenosis with DDD and IVDS is rated at 50 percent, granting a higher rating than previously. The TDIU claim is granted as the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment. Service connection for bilateral upper extremity disability secondary to service-connected lower back disability is remanded.