Radiculopathy & sciatica decisions — 2022

The Board has dismissed the appeal for an earlier effective date for service connection of left upper extremity radiculopathy as the Court affirmed the decision.

The Veteran's hypertension is granted on a presumptive basis under the PACT Act. His diabetes mellitus, type II with non-proliferative diabetic retinopathy of the left eye, peripheral neuropathy affecting multiple extremities, and diabetic chronic kidney disease are all granted or remanded as appropriate.

The Veteran's service-connected disabilities, including right hip arthritis with hip joint replacement and left hip trochanteric, bursitis, degenerative arthritis, and prosthetic left hip joint, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on his combined disability rating of 100 percent.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU for the period from October 1, 2013 to October 16, 2017. The case is remanded for further evaluation of his A&A claim.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not show ankylosis or muscle spasm severe enough to result in abnormal gait or spinal contour, nor did it show forward flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or intervertebral disc syndrome with incapacitating episodes. The Veteran's current ratings for these conditions remain unchanged.

The Veteran's clothing allowance claims for Menthol/M salicylate cream and a lumbosacral corset (back brace) in 2017 were denied as the evidence did not show that these items tended to wear or tear his outer garments.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation throughout the appeal period.

The Board has remanded the Veteran's claims of service connection for left lower extremity sciatic nerve disorder, chronic kidney disorder, and chronic pain syndrome due to duty-to-assist errors. The cases will be reviewed with a focus on whether these conditions are secondary to his service-connected back disability.

The Board has granted service connection for left and right lower extremity sciatic nerve radiculopathy effective March 5, 2012. The Veteran was assigned a 20% disability rating for each condition.,Effective March 5, 2012, the Veteran's claim for higher ratings for his sciatic nerve radiculopathy in both lower extremities is denied.

The Veteran's service-connected conditions did not prevent him from securing and maintaining substantially gainful employment prior to January 20, 2020.

The Veteran's appeal for various disability ratings and effective dates has been dismissed due to his withdrawal of the appeal.

The appeal for a rating in excess of 70 percent for PTSD beginning December 20, 2017 is dismissed.,A 70 percent evaluation is granted prior to December 20, 2017.

The Veteran's claims for effective dates prior to February 14, 2011 are remanded due to the need to locate missing records and determine when the claims were filed.,The Veteran's claims for effective dates prior to August 31, 2012 and June 18, 2013 are also remanded.

The Board denied the Veteran's claim for service connection of upper left extremity radiculopathy, finding that it is not related to active service or a service-connected condition.

The Board has remanded the claims for higher ratings due to insufficient evidence, and no rating is granted at this time.

The Veteran's LLE and RLE radiculopathies are granted with a 10% rating, effective August 31, 2010 for LLE and December 18, 2014 for RLE. Service connection is granted for LUE neuropathy but depression service connection is dismissed.

The Board has determined that the VA examinations and opinions are not adequate to rate the Veteran's service-connected peripheral neuropathy conditions, as they do not address the severity of his condition dating back to January 2018. The claims for increased ratings and TDIU are being remanded for further development.

The Board has dismissed the appeals for ratings in excess of 10 percent for degenerative disc disease of the lumbar spine, left lower extremity radiculopathy, and right lower extremity radiculopathy due to the appellant's death.

The Veteran withdrew his appeals for increased ratings and a total disability rating based on individual unemployability, which were previously remanded by the Board. The appeal is dismissed as a result.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's claimed left leg peripheral neuropathy and sciatica, as they did not consider her in-service injuries. The VA must obtain an addendum opinion on these issues.