Radiculopathy & sciatica decisions — 2022

The Veteran's claims for earlier effective dates for the grants of service connection for thoracolumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied.,The Veteran's claim for a TDIU on an extraschedular basis prior to January 4, 2015 has also been denied.

The Board denied the Veteran's claim for a TDIU as his service-connected disabilities did not preclude him from securing or following substantially gainful employment.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and spondylolisthesis of the lumbosacral spine with degenerative arthritis and IVDS were denied. The Veteran was granted service connection for degenerative changes and strain of the cervical spine.

The Board has determined that the Veteran's claims for service connection for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy must be remanded due to duty-to-assist errors. Specifically, the RO did not obtain all of the Veteran's STRs, private treatment records from Drs. Campbell and Shybut, or a VA examination for his low back disability.

The Veteran's service-connected disabilities are rated at 100%, combined. He does not meet the criteria for special monthly compensation (SMC) at the 's' rate, and his TDIU claim is dismissed as moot.

The Veteran's claims for service connection are being remanded due to the need for a statement of the case on several issues, including those related to radiculopathy, frostbite, hearing loss, dizziness and vertigo, respiratory disability, right knee chondromalacia patella, gastric ulcer, chronic headaches, allergic rhinitis, cervical strain, and lumbar paravertebral myositis.

The Veteran's appeals for service connection and increased ratings have been dismissed as he has withdrawn his appeal, indicating satisfaction with his current award.

The Veteran's lumbar spine disability, LLE radiculopathy, and low back scar are rated at 20 percent effective February 7, 2018. The bilateral foot disability is rated at 30 percent effective July 2, 2019.

The Veteran's claim for higher ratings for his low back disability and radiculopathy of the lower extremities has been denied. The Board found that a rating in excess of 40 percent is not warranted for any manifestation of the service-connected conditions.

The Board has remanded the Veteran's case for further development, including obtaining VA examinations and opinions regarding his eye disabilities, cervical spine disability, knee disabilities, and radiculopathy. The issues of service connection and initial ratings are being addressed.

The Board has dismissed the Veteran's appeals for a rating in excess of 40 percent for low back disability and a rating in excess of 10 percent for right lower extremity radiculopathy due to the appellant's request for withdrawal.

The Board has granted service connection for diabetes mellitus type II, diabetic peripheral neuropathy of the bilateral lower extremities (claimed as sciatic nerve condition), diabetic retinopathy, and erectile dysfunction secondary to the Veteran's service-connected left knee condition. The decision is based on evidence showing that obesity, a result of the service-connected left knee condition, contributed to the development of diabetes mellitus type II, which in turn caused or aggravated the other conditions.

The Board denied service connection for lumbar spine disability, rupture of posterior tibialis tendon, radiculopathy of the right and left lower extremities (hip disabilities), and pituitary tumor. The decision also remanded claims for chronic sinusitis and hypertension.

The Board has remanded several claims for further development, including those related to PTSD, spinal disabilities, hearing loss, fibromyalgia, and other conditions. The Veteran's VA treatment records need to be updated, and she needs to undergo additional examinations to assess the severity of her service-connected disabilities.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, affecting balance and propulsion. The Board finds that he is eligible for specially adapted housing but not for special home adaptation grants due to his existing eligibility for SAH.

The Veteran's service-connected back conditions have resulted in the loss of use of both lower extremities, necessitating the regular and constant use of a cane for ambulation. The Board granted eligibility for specially adapted housing (SAH) based on this permanent and total disability.

The Veteran's claims for service connection for radiculopathy of the left and right lower extremities, chronic fatigue syndrome (CFS), and erectile dysfunction have been denied as there is no persuasive evidence showing these conditions are related to his military service.,The Veteran was not hospitalized due to a service-connected disability during the pendency of this appeal.

The Board has granted special monthly compensation (SMC) for loss of use of the right foot and ankle, finding that no effective function remains other than what would be equally well served by amputation below the knee with a suitable prosthetic appliance. The decision is based on evidence from VA treating podiatrists who assessed the severity of the Veteran's service-connected disabilities.

The Board has granted service connection for a low back disability, left lower extremity sciatica, and right lower extremity sciatica. The Veteran's current disabilities are found to be related to his active service.

The Board has vacated the July 2021 decision and remanded several issues related to service connection for various conditions.