Radiculopathy & sciatica decisions — 2022

The Veteran's claims for increased ratings and separate ratings for lower extremity radiculopathy have been remanded. The claim for a compensable evaluation for scar, residual of anterior and lateral compartment fasciotomies has been dismissed.

The Board has remanded the claims for heart disability, back disability, neck disability, sciatic nerve conditions in buttocks (left and right lower extremities), lower leg disabilities (left and right lower extremities), upper extremity disabilities (left and right upper extremities), and hemorrhoids due to potential service connection issues.

The Veteran's left shoulder disability is currently rated at 20 percent, which adequately compensates his symptoms and functional impairment.,The Veteran's cervical radiculopathy is currently rated at 20 percent.

The Veteran's claims for cervical spine and bilateral upper extremity radiculopathy were denied initially in August 2018. The appeal was not properly filed until May 12, 2021, when the Veteran submitted a supplemental claim seeking service connection for these conditions. As such, an earlier effective date is denied.

The Veteran's service connection claims for cataracts, heart disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy are being remanded due to the need for additional development regarding proximity to Vietnam.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, effective November 1, 2022.,Separate ratings for left and right lower extremity radiculopathy are granted, with specific effective dates.,A higher rating for right lower extremity radiculopathy after January 26, 2018 is denied.

The Veteran's service-connected low back disability is being remanded for a VA examination to assess its current severity.

The Veteran's radiculopathies of the left and right lower extremities have been granted increased ratings, with the highest rating (40%) being awarded for both conditions since February 16, 2022.

The Veteran's radiculopathy of the left lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Veteran's claims for increased ratings for sciatica of the left leg and radiculopathy of the right lower extremity (femoral nerve) are being remanded due to the need for additional development, including obtaining medical records from Mid-Columbia Medical Center and Workers Compensation.

The Board has remanded the Veteran's claims for SMC due to his service-connected disabilities, and it is unclear if he qualifies for higher levels of SMC based on his current conditions.

The Board has remanded the Veteran's claims for additional development due to incomplete compliance with a previous remand directive. The issues of service connection for cervical spine disability and upper left extremity radiculopathy are inextricably intertwined and must be addressed together.

The Board has remanded the case due to inadequate VA spine examinations. The Veteran contends her cervical spine conditions are related to an injury during active or reserve duty in 2005, but the medical opinions provided were not adequate.

The Veteran's claim for service connection for a right knee condition has been reopened. A rating in excess of 10 percent prior to March 26, 2021, for his lumbar spine condition is denied. A 20 percent rating for the lumbar spine condition from March 26, 2021, and a separate 10 percent rating for left lower extremity radiculopathy are granted. The Veteran's claims for increased ratings for GERD, panic disorder, and TDIU are remanded.

The Veteran's claim for a TDIU prior to January 11, 2013 is remanded due to the possibility that he may be unemployable by reason of service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Board has decided to remand the case due to incomplete records regarding the appellant's service in the Reserve Officers' Training Corps (ROTC). The AOJ must obtain all relevant records, including those from both Navy and Marine Corps ROTC programs, verify ACDUTRA and INACDUTRA dates for her participation, and request information about the indoctrination training she underwent.

The Veteran's claims for increased ratings and service connection for a sleep impairment disorder as secondary to his service-connected neuropathy of the bilateral lower extremities are remanded due to outstanding VA treatment records and private therapy records.

The Veteran's TDIU claim is granted, and the AOJ will determine the effective date. The AOJ must also consider additional evidence received since the last decision for the issues of service connection for radiculopathy of the left upper extremity, right upper extremity, cervical spine condition, head injury due to motor vehicle accident, severe abrasions of the left arm, and osteoarthritis of the left little finger with boutonniere deformity.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for lumbosacral strain and service connection for radiculopathy of the bilateral lower extremities due to insufficient evidence or lack of recent VA examinations.

The Veteran's service-connected disabilities, including fibromyalgia, dermatitis, major depressive disorder, and lumbar spine disability, have rendered her unable to secure or follow substantially gainful employment since March 28, 2006. The Board has granted a TDIU effective from that date.