Radiculopathy & sciatica decisions — 2022

The Veteran's appeals for increased ratings for bilateral hearing loss and left hand carpal tunnel syndrome have been withdrawn.,The Veteran's appeal for an increased rating for GERD has been remanded due to lack of recent in-person examination documentation.,The Veteran's cervical spine disability, bilateral shoulder disability, and bilateral upper extremity radiculopathy claims are being remanded as the VA examinations were inadequate.,ED is secondary to service-connected conditions including medications taken for other disabilities.

The Veteran's low back disability and bilateral lower extremity sciatic radiculopathy were granted increased ratings of 20% each, effective March 31, 2022. The Veteran's low back disability was rated at 40%, but no higher, prior to March 31, 2022.

The Veteran's left upper extremity radiculopathy was initially rated at 20 percent prior to September 15, 2016 and then increased to 30 percent from that date onwards. A TDIU was granted effective July 24, 2018 due to the combined effect of multiple service-connected disabilities. Prior to this, a 20 percent rating for left upper extremity radiculopathy was denied.

The Board has remanded the claim for a lumbar spine disability with right lower extremity radiculopathy due to insufficient development and medical opinion regarding service connection.

The Board has determined that the claims for increased ratings of cervical spine degenerative disc disease and left upper extremity radiculopathy are inextricably intertwined with the claim for increased rating of a cervical spine disability. Therefore, these claims must be remanded to obtain an addendum opinion addressing the severity of the Veteran's service-connected cervical spine disability.

The Veteran is entitled to a TDIU on an extraschedular basis due to his service-connected disabilities, effective June 1, 2011.

The Veteran's appeal for increased disability ratings for radiculopathy of the right and left lower extremities is being remanded due to incomplete medical records and procedural matters.

The Veteran's TDIU claim from October 14, 2009 to March 29, 2010 is moot due to his combined 100% disability rating.,The Veteran's TDIU prior to October 14, 2009 remains on appeal and requires extraschedular consideration.

The Veteran's cervical spine disability, left arm radiculopathy, right arm radiculopathy, and neurogenic bladder disability are all granted with specific ratings. The effective date for service connection of the left arm radiculopathy is set at August 19, 2015.

The Veteran's PTSD is rated at 50% prior to May 2, 2017 and 70% since then.,Left lower extremity radiculopathy is rated at 10% prior to November 19, 2019 and 20% since then.

The Veteran's appeal for an increased initial rating for PTSD and persistent depressive disorder has been withdrawn. The claims of service connection for a bilateral foot disorder, right ankle disability, lumbosacral spine disability, and radiculopathy of the right lower extremity are remanded.

The Board has remanded the claims for service connection for a lumbar spine disability and bilateral lower extremity radiculopathy due to conflicting medical opinions and need for additional development.

The Veteran's combined schedular evaluation for compensation was 80 percent prior to June 12, 2019, and 90 percent thereafter. The Board finds that remand is warranted for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's lumbar spine disability is rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the left lower extremity associated with his lumbar spine disability is also rated at 20 percent.

The Veteran's service connection claims for a back disorder and bilateral lower extremity radiculopathy as secondary to his back disorder are both granted.

The Board has denied the Veteran's claims for service connection for residuals of a gunshot wound to the right forearm, lumbar spine degenerative disc disease, and lumbar radiculopathy. The evidence does not establish an in-service injury or aggravation, nor do current disabilities exist related to these conditions.,There is no clear and unmistakable evidence that any increase in severity was due to natural progression during service for the gunshot wound of the right forearm.

The Veteran's claims for service connection have been remanded due to the need for additional development.,No rating has been assigned as the appeal is not about a compensable evaluation.

The Board has granted service connection for scars on the left foot (toes) as secondary to his service-connected exostosis of feet, but denied service connection for right and left lower extremity sciatica and peripheral neuropathy as secondary to his service-connected exostosis of feet.

The appeal as to the September 2016 rating decision that denied increased ratings for a headache disability with psychosomatic complaints, gastrointestinal (GI) symptoms and history of seizure, a lumbar spine disability, sensory radiculopathy of the right and left sciatic nerves, and entitlement to a TDIU is granted. The issues of increased ratings for a headache disability with psychosomatic complaints, GI symptoms, and history of seizures, a lumbar spine disability, sensory radiculopathy of the right and left sciatic nerves, and entitlement to a TDIU are remanded.

The Veteran's claim for service connection for disabilities of the back and right knee was granted in a February 2022 rating decision, effective May 20, 2021. The grant resulted in past-due benefits to the Veteran.