Radiculopathy & sciatica decisions — 2022

The Veteran's claim for earlier effective dates for left and right lower extremity radiculopathy of the femoral nerve was denied as there is no factual evidence to support an earlier date.,The Veteran's claims for TDIU on an extraschedular basis, bilateral hip bursitis service connection, and increased evaluation for thoracolumbar spine disability were remanded due to procedural errors.

The Veteran's claim for a rating in excess of 50 percent for PTSD disability was denied. The Board found that the evidence did not indicate total occupational and social impairment, but rather intermittent occupational and social impairment warranting a 50% rating. Service connection claims for bilateral knee, rib, neck, and sciatic nerve disabilities were remanded due to inadequate examination reports.

The Veteran's claims for diabetes mellitus, cardioembolic stroke, chronic kidney disease, and chronic lymphocytic leukemia were denied. Service connection was granted with effective date of November 30, 2017, for diabetic polyneuropathy involving the sciatic nerve in both lower extremities.

The Veteran's claim for hypertension has been withdrawn.,Service connection is granted for cervical radiculopathy of the left upper extremity. The Veteran had cervical radiculopathy of the left upper extremity in proximity to his service-connected cervical spine disability.,Service connection is denied for a left arm disability other than cervical radiculopathy of the left upper extremity, a left hand disability other than cervical radiculopathy of the left upper extremity, a right arm disability, and a right hand disability. The evidence does not support these claims.

The Board has decided to remand the case due to a duty-to-assist error, specifically failing to obtain an examination and medical opinion regarding the Veteran's back disability.

The Veteran's cervical spondylosis, radiculopathy of the right and left lower extremities are granted. The Board has remanded for additional examinations to determine if the Veteran's claimed left hip and thoracolumbar spine disabilities are related to service.

The Board has denied the Veteran's claims for service connection for low back, right hip, left hip, right leg radiculopathy, and left leg radiculopathy disabilities. The evidence does not establish a link between these conditions and service.

The Board has denied entitlement to service connection for left and right upper extremity radiculopathy, as well as the Veteran's claims for compensable ratings for his right lower extremity radiculopathies of the external cutaneous nerve and ilio-inguinal nerve. The evidence does not support a finding that these conditions are related to active service or a service-connected condition.

The Veteran's service-connected sciatic nerve disability necessitates the need for regular aid and attendance, leading to a grant of special monthly compensation (SMC) based on aid and attendance.

The Board has remanded the claims for left and right hip, knee disabilities due to incomplete records from a private provider. The Veteran's current knee disabilities are also being examined to determine their relationship to service.

The Board has remanded the cases for further development due to inadequate findings from a previous VA examination and in order to address issues related to TDIU.

The Veteran is granted a TDIU from March 12, 2018. The case is remanded for consideration of whether a TDIU can be awarded on an extraschedular basis prior to that date.

The Board has remanded the cases of service connection for lumbar spine and sciatic nerve disabilities due to a lack of substantial compliance with previous remand directives.

The Board has remanded several issues including service connection for various conditions and the effective date of a right lower extremity radiculopathy award. The Veteran's claims for peripheral neuropathy, hypertension, diabetes mellitus, renal cell carcinoma, and a skin disability are also remanded due to potential herbicide exposure in Korea.

The Veteran's upper respiratory condition, including a medically unexplained chronic multi-symptom illness, is denied as there is no current diagnosis.,Service connection for rhinitis is granted based on the PACT Act presumptive conditions. The Veteran does not have direct service connection for this disorder.,Service connection for bilateral upper extremity radiculopathy and left lower extremity radiculopathy is granted as secondary to his service-connected cervical spine and lumbar spine disorders, respectively.,The Veteran's lower respiratory condition is denied due to lack of a current diagnosis.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as his employment history is unclear and he has worked at times throughout the appeal period.

The Veteran's left and right upper extremity neuropathy, as well as his left and right lower extremity sciatic neuropathy have been granted initial ratings of 20%, 30%, 40%, and 40% respectively.,The Veteran's diabetes mellitus has not yet been rated in excess of 20%

The Veteran's service-connected lumbar spine and bilateral lower extremity disabilities render him unemployable as of June 2, 2022. TDIU is granted on a schedular basis for this period.

The Veteran's right lower extremity sciatic nerve radiculopathy is rated at 40 percent since October 8, 2013.

The Board has remanded the Veteran's claims for service connection for PTSD, increased ratings for lumbosacral strain and left lower extremity radiculopathy, and individual unemployability (TDIU). The Veteran is to be scheduled for a VA examination to determine his current diagnoses and their relationship to service. Additionally, the TDIU claim must be referred to the Director of Compensation Service for extraschedular consideration.