Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities did not render him so helpless as to need regular aid and attendance or bedridden, thus denying entitlement to special monthly compensation based on the need for aid and attendance or housebound status.

The Board has remanded the case due to the need for a completed VA Form 21-8940, Veteran's Application For Increased Compensation Based On Unemployability (TDIU application).

For the entire period on appeal, a disability rating of 20 percent for peripheral neuropathy (femoral nerve) of each the left and right lower extremity is granted.,Entitlement to a disability rating in excess of 10 percent for service-connected peripheral neuropathy (sciatic nerve) of the left and right lower extremities remains remanded.

The Board has decided to remand the cases of service connection for low back disorder, left lower extremity disorder (sciatica), COPD, and sleep apnea due to the need for additional medical examinations.

The Veteran's service-connected disabilities have been rated and are now at their maximum allowable levels. The Board has determined that the Veteran does not meet the criteria for higher ratings based on additional disability or incapacitating episodes.

The Board has granted service connection for a low back disorder and left lower extremity radiculopathy, finding that the Veteran's current conditions are related to his active duty service.,The Board also remanded the issue of right lower extremity radiculopathy as secondary to the service-connected low back disorder.

The Board has decided to remand the case due to insufficient rationale in its decision and the need for a medical opinion regarding the relationship between the Veteran's lower back disability and his service.

The appeal for a higher rating for diabetes mellitus type II is dismissed.,PTSD has been granted an initial 70 percent rating, but no higher.,Right lower extremity neuropathy of the sciatic nerve remains at 20 percent.,Left lower extremity neuropathy of the sciatic nerve remains at 20 percent.,Right lower extremity radiculopathy of the femoral nerve has been granted a 20 percent rating.,Left lower extremity radiculopathy of the femoral nerve has been granted a 20 percent rating.

The appeals for various disability ratings and effective dates related to lumbar spine degenerative disc disease, radiculopathy of the lower extremities have been dismissed due to the appellant's death.

The Board has remanded the case due to a disagreement over medical opinions regarding the Veteran's right lower extremity radiculopathy. The Veteran needs an addendum opinion to clarify diagnoses and reconcile conflicting opinions.

The Veteran's TBI residuals, diabetes mellitus, peripheral polyneuropathy of the bilateral legs, gastroesophageal reflux disorder, and respiratory disability are granted. The Veteran's left eye photophobia and right eye photophobia are denied.

The Veteran's right and left lower extremity radiculopathy were granted initial ratings of 20% and 10%, respectively, effective April 24, 2014.

The Board has remanded the Veteran's claims for an effective date earlier than May 13, 2021, for various service-connected conditions including coccydynia and bilateral lower extremity radiculopathies. The issues are intertwined with the earlier effective date claim for coccydynia.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, as they affect his ability to perform daily activities and protect himself from hazards.

The Veteran's service-connected disabilities render him unable to obtain and/or maintain a substantially gainful occupation.

The Veteran's service connection claims for degenerative disc disease of the lumbar and cervical spine, as well as radiculopathy of the left and right lower extremities, are all granted. The conditions are found to be related to his in-service lifting injuries.

The Veteran's service-connected disabilities have rendered him unable to care for many daily personal needs and protect himself from the hazards of his daily environment without the assistance of another person, warranting SMC based on the need for regular aid and attendance.

The Veteran's TDIU and SMC claims for prior to August 23, 2018, were denied as his unemployability was not solely due to service-connected disabilities.

The Veteran's claim for a higher rating for his lumbar spine disability and right lumbar radiculopathy was denied. The current ratings of 20% for the entire period on appeal are maintained.

The Veteran was granted a Total Disability Rating Based on Individual Unemployability (TDIU) effective January 5, 2012. Prior to that date, he had already been awarded a TDIU.