Radiculopathy & sciatica decisions — 2022

The Veteran's right and left lower extremity radiculopathy (femoral nerve) are each rated at 20 percent, but no higher.,The Veteran's lumbar spine degenerative arthritis with intervertebral disc syndrome is granted a disability rating of 40 percent.

The appeal is dismissed for the increased rating claims of right knee osteoarthritis, migraine headaches, status post fracture of the right ankle, cervical spine degenerative disc disease, lumbar spine osteoarthritis, right foot radiculopathy, and carpal tunnel syndrome. The appeals are remanded for further action on the remaining issues.

The Board has remanded the Veteran's claims for increased ratings due to new evidence received since the last decision, including VA examination reports and argument from the Veteran's representative. The Veteran is seeking an increased rating for his service-connected degenerative disc disease L4-5, L5-S1, radiculopathy, left lower extremity (previously diagnosed as sciatic nerve), and hammertoe right foot.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for radiculopathy of the lower extremities and degenerative arthritis with scoliosis of the thoracolumbar spine. The Veteran is also being asked to provide additional evidence or releases for any outstanding VA records.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for various disabilities, including lumbar spine disability, left and right sciatic neuropathy, right shoulder disability, right knee limitation of motion, left knee limitation of motion, and left knee instability. The case is being returned to the RO for further development.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of April 26, 2022. The Board granted a TDIU from that date.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to February 29, 2012.

The Veteran's low back disability has been granted an earlier effective date of August 26, 2010.,An increased rating to 40 percent for the low back disability was granted from August 26, 2010, through October 30, 2016.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and thus granted his claim for total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not preclude him from obtaining or maintaining gainful employment.

The Veteran's service-connected herniated disc of the lumbar spine, L5-S1, left lower extremity radiculopathy, and right lower extremity radiculopathy are currently rated at 40 percent, 20 percent, and 10 percent respectively. The appeals for higher ratings have been denied.

The Veteran's TDIU claim is remanded due to the need for additional VA and SSA records.

The Board has remanded the Veteran's claims for additional development due to lack of substantial compliance with prior directives.

The Veteran's thoracolumbar spine disability and bilateral lower extremity radiculopathy have been granted a rating of 40 percent effective July 18, 2017. The right lower extremity radiculopathy has been rated at 20 percent since September 29, 2015, and the left lower extremity radiculopathy has been rated at 20 percent since September 29, 2015.

The Veteran's spouse, the caregiver, is found to be unable to complete caregiver training within 90 days of applying for PCAFC benefits. The claim is therefore remanded due to a lack of completion of required caregiver training.

The Veteran's TDIU claim is dismissed because he now has a combined 100% schedular rating for his service-connected conditions, including PTSD and bilateral shoulder arthritis.

The Veteran's hypertension is granted as secondary to his service-connected diabetes.,Service connection for diabetes and bilateral upper and lower extremity peripheral neuropathies is granted with an effective date of June 29, 2006. The Veteran also received a grant on DEA benefits with the same effective date.,The initial disability ratings for various conditions are being remanded due to new evidence.

The Board has determined that additional VA examinations are needed to assess the nature and etiology of the Veteran's lower back condition and left lower extremity sciatic nerve condition, as these issues may be inextricably intertwined with his service connection claims.

The Veteran's claims for service connection were denied in December 2010 due to lack of nexus evidence. The Board granted the claims in April 2022, finding that the Veteran's reports regarding in-service injuries are consistent with his service record and granting a Finding of Fact that the disability is at least as likely as not related to service. However, an earlier effective date was denied because the claim was not reopened based on new and material evidence but rather due to reconsideration based on relevant service department records.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.