Radiculopathy & sciatica decisions — 2022

The Board denied the Veteran's claims for service connection for a back disability and right lower extremity pain, including sciatica and radiculopathy. The evidence did not support finding that these conditions began during or were related to his active duty.

The Veteran's service-connected disabilities do not involve the anatomical loss or use of both feet or one hand and one foot, nor do they cause him to be permanently bedridden or render him in need of regular aid and attendance. The Board finds that SMC based on the need for aid and attendance is not warranted.

The Veteran's left lower extremity radiculopathy was rated as 20 percent disabling prior to January 9, 2020 and as 40 percent thereafter. The right lower extremity meralgia paresthetica radiculopathy was also rated as 20 percent disabling prior to January 9, 2020 and as 40 percent thereafter.,Both conditions were denied increased ratings.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU prior to August 16, 2019. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's skin disorder, cervical spine disability, RUE radiculopathy disability, and LUE radiculopathy disability are not service-connected. The Board found that the additional disabilities were not proximately caused by VA carelessness, negligence, or lack of proper skill.

The Veteran's appeal for an initial evaluation in excess of 10 percent for service-connected lumbar radiculopathy of the right lower extremity is dismissed.,The Veteran's appeal for an initial evaluation in excess of 20 percent for a service-connected left leg disability with scarring is dismissed.,The Veteran's appeal for an initial evaluation in excess of 10 percent for residuals of an in-service traumatic brain injury (TBI) is remanded.,The Veteran's appeal for service connection for erectile dysfunction, to include as secondary to one or more service-connected disabilities and/or the medications prescribed for treatment of such, is remanded.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to incomplete information regarding the Veteran's employment and income.

The Board denied the Veteran's claims for service connection for bilateral lower extremity radiculopathy, finding that there was no evidence to support a link between her service-connected arthritis of the tailbone and her current conditions.

The Veteran's claims for increased ratings for his back disability and bilateral sciatica are being remanded due to the need for additional examinations and medical opinions.

The Board has restored the previously assigned 20 percent ratings for left and right lower extremity radiculopathy, effective December 1, 2022. The rating for lumbar degenerative changes with low back strain remains unchanged. TDIU prior to March 7, 2016, and special monthly compensation at the housebound rate are remanded.

The Veteran's prostate cancer was granted service connection effective October 27, 2020.,Service connection for lumbosacral strain degenerative disc disease, intervertebral disc syndrome, and degenerative arthritis with spinal stenosis was granted effective December 30, 2016. The Veteran's radiculopathy of the right lower extremity (sciatic nerve) and left lower extremity (sciatic nerve), as well as his radiculopathy of the right lower extremity (femoral nerve) and left lower extremity (femoral nerve), were all granted service connection effective December 30, 2016.,The Veteran's prostate cancer is rated at 100% since October 27, 2020.

The Board has granted an earlier effective date of February 23, 2004 for the grant of service connection for right upper extremity radiculopathy and a 40 percent rating for left upper extremity radiculopathy as of December 23, 2016.

The Veteran's appeals for higher disability ratings for cervical spine disability and LUE radiculopathy have been dismissed as the VA Form 10182 submitted did not clearly identify specific issues to appeal.

The Veteran's service-connected disabilities, when considered together, are sufficient to render her unable to obtain and maintain any form of substantially gainful employment in accordance with her occupational background and education level. The Board finds entitlement to a TDIU is warranted.

The Board denied a TDIU from November 2, 2016, to July 17, 2017, due to the Veteran's ability to maintain gainful employment during this period. The Board found that his service-connected disabilities did not prevent him from securing and following substantially gainful occupation.

The Veteran's appeal is remanded for the VA to attempt to obtain medical records from Dr. Choi at Garden Way, as requested in his November 2021 VA examination.

The Veteran is in receipt of a TDIU since November 19, 2013. The Board found that the Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment.,For the period prior to November 19, 2013, the Veteran's combined disability rating was below the threshold for schedular TDIU consideration.

The Board has granted service connection for unspecified depressive disorder and right upper extremity cervical radulopathy, finding that the evidence is approximately evenly balanced as to whether these disabilities began during active service.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation.

The Veteran's lumbar spine disability and associated left lower extremity radiculopathy have been granted initial ratings of 20 percent each, effective December 6, 2019.