Radiculopathy & sciatica decisions — 2022

The Veteran's appeal for a rating in excess of 20 percent for radiculopathy (sciatic nerve) of the left lower extremity is dismissed as he has withdrawn his appeal.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, and various musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to November 20, 2019. As a result, the Board granted a TDIU for this period. Additionally, basic eligibility for Dependents' Educational Assistance was established.

The Board denied service connection for Benign Paroxysmal Positional Vertigo (BPPV), a neck disorder, a back disorder, and right lower extremity radiculopathy as the evidence did not show these conditions were related to service.,Service connection was also denied for all four issues due to lack of chronic symptoms during or within one year after service.

The Veteran's service-connected disabilities have caused him to lose the use of both feet, qualifying him for financial assistance in purchasing an automobile and adaptive equipment.

The Veteran's claims for earlier effective dates for service connection and increased ratings are denied.,The Board has remanded several issues including the rating of prostate cancer residuals, erectile dysfunction, and bilateral hearing loss.

The Veteran's claims for cervical radiculopathy of the upper extremities and degenerative arthritis of the spine are remanded due to lack of recent VA treatment records.,The Veteran's claim for diabetes mellitus type II is remanded as there were no recent private medical records submitted.,The Veteran's claim for degenerative arthritis of the hands, with ununited fracture ulnar styloid on the right, is remanded due to lack of recent VA treatment records.,The Veteran's claim for gout, bilateral great toe MTP joint, is remanded as there were no recent private medical records submitted.,The Veteran's claim for left ankle insertional Achilles tendinopathy with gout is remanded due to inadequate nexus opinion on the part of the VA examiner.,The Veteran's claim for hypertension is remanded as there was no current diagnosis in the October 2021 VA examination.,The Veteran's claim for nummular eczema is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.,The Veteran's claim for prostate condition is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.

The Veteran's lumbar strain with degenerative disc disease and spondylosis is granted at a 40 percent rating, effective from the date of the October 2021 decision. The bilateral lower extremity radiculopathy is also granted at a 40 percent rating.

The Veteran's increased evaluations for tinea pedis and right lower extremity radiculopathy were granted in April 2022, but the appellant is not eligible to attorney fees based on past-due benefits awarded due to lack of a qualifying review request.

The Veteran's claims for increased ratings and earlier effective dates for PTSD, back disability, right hip disability, right knee disability, left knee disability, and right ankle disability are being remanded due to the need for additional VA examinations.

The Veteran's service-connected disabilities, including lumbar spine status post laminectomy, left lower extremity radiculopathy, and right hip degenerative joint disease post-traumatic osteonecrosis, combine for a 60 percent rating. These conditions have rendered the Veteran unable to secure or follow a substantially gainful occupation prior to September 12, 2011.

The Board has remanded the claims for a rating in excess of 20 percent for right lower extremity radiculopathy, a rating in excess of 10 percent for right greater trochanteric bursitis with right hip degenerative joint disease, and for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to the need for updated VA examinations.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, left and right lower extremity radiculopathy, and tinnitus, have resulted in a combined rating of 80 percent since June 21, 2013. The Board has granted TDIU beginning on that date, but also found the evidence insufficient to grant extraschedular TDIU prior to June 21, 2013.

The Veteran withdrew his appeal regarding the initial ratings for lumbar spine disorder and left lower extremity radiculopathy, which were previously granted in November 2013.

The Veteran's service connection claims for bilateral hearing loss, cervical strain, thoracic and lumbar strain with IVDS, sciatic radiculopathy of the left lower extremity, right carpal tunnel syndrome, and bipolar disorder with anxiety disorder have all been denied. The appeal is remanded for further development regarding service connection for tendonitis, bilateral pes planus, and total disability rating based on individual unemployability.

The Veteran's back disability is rated at 40 percent for the entire period on appeal, and his right lower extremity radiculopathy is rated at 40 percent beginning May 8, 2018. The Veteran also received a TDIU rating prior to November 22, 2019.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his left knee, cervical spine, thoracolumbar spine (including scoliosis), and sciatica disabilities. The RO is instructed to obtain addendum opinions from appropriate clinicians.

The Veteran's radiculopathy of the left and right lower extremities is being remanded for further evaluation due to unclear severity.

The Board has granted service connection for the Veteran's upper back/neck disorder, diagnosed as cervical foraminal stenosis, disc herniation, and radiculopathy, finding that it resulted from an in-service rollover vehicle accident. The decision is based on credible lay evidence and medical opinions supporting a link between the injury during service and current symptoms.

The Board has granted earlier effective dates of December 16, 2019 for service connection for various radiculopathy conditions and basic eligibility to Dependents' Educational Assistance.

The Board has decided to remand the Veteran's claims for intestinal bleeding residuals, left hip disability, right hip disability, low back disability, and lower extremity radiculopathy due to errors in obtaining her complete service treatment records from her second period of active duty.