Radiculopathy & sciatica decisions — 2022

The Veteran's claim for a higher rating for his status post gunshot wound to the abdomen has been granted, and he is now rated at 30 percent. The TDIU claim from July 31, 2020 has also been granted.

The Veteran's service-connected disabilities, primarily the lumbar spine disability, left hip disability, IHD, and PTSD, have rendered him unable to maintain substantially gainful employment since November 1, 2013. The Board has granted TDIU for this period.

The Veteran's appeals for service connection and rating for right and left sciatic radiculopathy, as well as an acquired psychiatric disorder, have been dismissed due to the Veteran's request for withdrawal of his appeal.

The Veteran's service-connected disabilities, including traumatic arthritis and back injury, prevented him from securing and following substantially gainful employment prior to May 8, 2019. The Board granted a TDIU rating on an extraschedular basis.

The Board has remanded several issues related to the Veteran's service connection claims, including allergic rhinitis, right ear hearing loss, sleep apnea, chronic fatigue syndrome, degenerative arthritis with intervertebral disc degeneration of the lumbar spine, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy. The remand includes obtaining missing service treatment records, VA treatment records, and a medical examination for the Veteran's allergic rhinitis and lumbar spine disability.

The Veteran's appeal for a higher rating for left lower extremity radiculopathy was denied. The issue of TDIU from April 28, 2015 to July 1, 2015 is dismissed as moot due to the Veteran already having a 100% combined rating and SMC based on housebound status for that period.

The Board has dismissed the appeals regarding the reduction of ratings for left and right lower extremity radiculopathy from 20 to 0 percent effective April 1, 2018.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 40 percent, effective June 28, 2022.,Service connection for left and right lower extremity radiculopathies secondary to the Veteran's lumbosacral strain was granted effective April 22, 2013.

The Veteran's right side sciatica has been rated as 10 percent disabling since December 31, 2013. The Board found that the disability is best characterized as mild and denied a higher rating.

The Board has remanded several claims for further development, including obtaining missing VA medical records and scheduling additional examinations. The TDIU issue is inextricably intertwined with the remaining claims.

The Veteran's diabetes mellitus type II is rated at 20 percent, erectile dysfunction is not compensable, and the lower extremity peripheral neuropathies are each rated at 20 percent prior to February 14, 2022, and 40 percent since that date.

The Veteran's claim for an increased rating for his service-connected back disability was granted in March 2022, resulting in past-due benefits. The Appellant is not eligible to receive attorney fees based on these past-due benefits as the December 2021 VA Form 21-526EZ constituted an initial claim rather than a supplemental claim.

The Board has granted service connection for depressive, panic, and nightmare disorders, residuals of a lower back injury during service, right lower extremity sciatica, left lower extremity sciatica, asthma, and prostatitis. Service connection was denied for sinus disorder and sleep apnea.

The Board has granted increased disability ratings of 40 percent for the Veteran's back disability and left lower extremity radiculopathy, effective as of the date of the decision.

The Veteran's TDIU is granted as of November 3, 2019 due to his service-connected lumbar spine and lower extremity radiculopathy disabilities preventing him from securing or following substantially gainful employment.

The Board has granted a 40 percent disability rating for the Veteran's right lower extremity radiculopathy, effective from December 3, 2019. The decision finds that the evidence shows moderately severe incomplete paralysis of the nerve.

The Board dismissed the appeals regarding evaluations and effective dates for right and left lower extremity radiculopathy.

The appeal for a rating in excess of 20 percent for degenerative joint disease of the lumbar spine is dismissed. A 40 percent rating, but no higher, is granted for left and right lower extremity sciatic radiculopathy.

The Veteran's service-connected spine and lower extremity disabilities necessitate the regular and constant use of assistive devices including a cane, walker, and scooter as his normal modes of locomotion. This meets one of the criteria for eligibility for specially adapted housing.

The Veteran's ratings for Degenerative Joint Disease of the Lumbosacral Spine, Left Arm Traumatic Brachial Plexopathy, and Right Lower Extremity Lumbar Radiculopathy were restored. Service connection was also restored for these conditions.