Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment, leading to a TDIU. The appeal for obstructive sleep apnea is remanded due to the need for an addendum opinion.

The Veteran's appeals for effective dates and ratings have been dismissed as he has withdrawn all his pending appeals before the Board of Veterans' Appeals.

The Veteran's right and left lower extremity radiculopathy have been granted initial ratings of 20 percent each, effective June 17, 2009. However, the issues regarding service connection for PTSD and increased ratings for left knee injury residuals and instability remain pending.,The Board has determined that further development is needed to address the Veteran's claims related to his lower extremity radiculopathy, as well as his claims for increased ratings of his left knee condition.

The Veteran's lumbar spine disorder is currently rated at 40 percent, and the Board has remanded the case for further development. The issue of entitlement to a TDIU remains on appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and incomplete records. The claims will be reviewed again with additional evidence and a new opinion.

The Veteran's cervical spine disability and related radiculopathies have been remanded for further development due to the complexity of his symptoms and need for additional medical evaluation.

The Veteran was granted a TDIU from June 12, 2014. Prior to that date, the Board denied his claim for a TDIU on schedular grounds but remanded it for extraschedular consideration.

The Board dismissed the claim for service connection of right leg radiculopathy as secondary to lumbar strain. A TDIU rating was granted from May 1, 2021. Increased ratings were granted for depressive disorder and lower extremity radiculopathies.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on his spouse needing regular aid and attendance due to her disabilities, as she does not meet the criteria for such benefits.

The Board has remanded the Veteran's claims for right lower extremity sciatica and TDIU due to incomplete records from his private providers and VA. The Veteran will be asked to provide consent forms for release of records, and any new treatment records or records from NAS Whidbey Island Hospital will be obtained.

The Board has determined that additional development is required for the claims of service connection for various conditions, including hemorrhoids, lumbar herniated disc, bilateral cataracts, left and right sciatic nerve paralysis, cervical herniated disc, peripheral neuropathy of the upper and lower extremities. The Veteran will be scheduled for a VA examination to determine the etiology of these conditions.

The Board has remanded the Veteran's claims for increased ratings for his back disability and right and left leg radiculopathy due to inadequate consideration of retroactive range of motion studies and the ameliorative effects of medications.

The Veteran's left and right lower extremity radiculopathy are rated at 20 percent each, based on moderate incomplete paralysis.,Service connection for the left knee disability was granted with an effective date of June 12, 2019.

The Veteran's claims for increased ratings in various lower back and nerve conditions have been denied due to his failure to report for a scheduled VA examination.

The Board granted initial ratings of 20 percent for right and left lower extremity radiculopathy prior to August 13, 2019, and a higher rating of 40 percent for lumbar spine fusion with implantation from August 1, 2013, to August 12, 2019.

The Veteran's claim for increased ratings for his back disability, right and left lower extremity radiculopathy, and a surgical scar on the back is denied.,For the period from January 21, 2019, the Veteran's claims for increased ratings for his right and left lower extremity radiculopathy are denied.,The Veteran's claim for an increased rating for his surgical scar on the back remains noncompensable.,The Veteran's TDIU claim prior to January 21, 2019 is remanded.

The Veteran's claims for service connection have been reopened and granted. The Board has determined that the Veteran's right knee, left knee, low back, acquired psychiatric disorder (e.g., PTSD, Anxiety, Depression), GERD, hemorrhoids, hypertension, left ankle, right ankle, left elbow, left shoulder, left wrist, right wrist, and sciatic nerve disorders affecting both lower extremities are all service-connected.

The Veteran's appeal of TDIU is dismissed. The Board also remanded the issue of SMC based on need for aid and attendance or on account of being housebound, due to additional development needed.

The Veteran's lumbar spine degenerative arthritis is now rated at 40 percent effective March 7, 2018.,Left lower extremity lumbar radiculopathy is now rated at 10 percent effective December 28, 2017.

The Veteran's radiculopathy of the right and left lower extremities, as well as his left ankle strain, have been rated at 10 percent each. The Board found that these conditions did not warrant higher ratings based on their severity.