Radiculopathy & sciatica decisions — 2022

The Veteran's seizures are rated at a 60 percent rating, effective from the date of the decision. The claims for increased ratings for TBI and radiculopathies remain pending and will be remanded to allow for further development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for cervical spine disorder, cervical radiculopathy of the right upper extremity, cervical radiculopathy of the left upper extremity, and pseudotumor cerebri. Specifically, an addendum opinion is required regarding whether these conditions are related to service, and a medical opinion is needed to clarify if the Veteran's pseudotumor cerebri may be related to service exposures.

The Board has granted service connection for a low back disability, characterized as degenerative arthritis of the lumbar spine.,Service connection is also granted for left lower extremity neurological disability (lumbar radiculopathy).,The claim for right lower extremity neurological disability is denied.

The Veteran's right lower extremity sciatic radiculopathy is granted as secondary to his service-connected back disability. An effective date of September 16, 2004 for the assignment of a 10 percent rating for left lower extremity sciatica associated with lumbar spine hemilaminectomy residuals is also granted.

The Veteran's back disability was denied increased ratings prior to June 23, 2022 and from June 23, 2022.,Increased ratings for left lower extremity radiculopathy were denied prior to June 23, 2022 and right lower extremity radiculopathy was denied from July 23, 2022.,The Veteran's back disability remains on appeal as the maximum allowed rating under the schedular code has not been granted.

The Board denied the Veteran's claims for service connection for separate right and left lower extremity radiculopathy disabilities, finding that symptoms associated with these conditions were related to his already service-connected polyneuropathy.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination. The issues include his cervical spine disability, bilateral upper extremity radiculopathy, back disability, and bilateral lower extremity radiculopathy.

The Veteran's claims for service connection for right hand cold injury, left hand cold injury, bursitis of the right shoulder, and bursitis of the left shoulder are granted. Service connection is also granted for a cervical spine disorder with associated upper extremity radiculopathy. A 10% rating is assigned for residuals of a fracture of the right ring finger.

The Board has determined that an effective date earlier than July 2, 2019, for the award of service connection for all eleven peripheral neuropathy disabilities cannot be granted based on the filing of a formal claim within one year from the intent to file.

The Veteran's combined rating for service-connected disabilities is 60 percent, which does not meet the threshold requirement of having a 'serious injury' incurred or aggravated in service to qualify for PCAFC benefits.

The Veteran's claims for increased ratings for service-connected right and left lower extremity radiculopathies, as well as his claim for a TDIU prior to March 24, 2018, are being remanded due to the need for additional information regarding VA medical examiner qualifications and employment records.

The Veteran's claims for service connection for a skin condition, initial ratings for diabetes mellitus and peripheral neuropathy of the bilateral lower extremities, and other issues were denied. The Board found that there was no evidence to support the Veteran's claim for service connection for his skin condition or for higher ratings for his diabetes mellitus and peripheral neuropathy.

The Veteran's service-connected disabilities, including his back condition and bilateral foot radiculopathy, have rendered him unable to secure or follow substantially gainful employment since June 21, 2018. The Board has granted a TDIU effective from that date.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, leading to a grant of TDIU on an extraschedular basis.

The Board has decided that service connection for tinnitus is granted, but left leg radiculopathy remains pending and requires further review. The decision on the tinnitus claim is effective as of the date of the March 2020 rating decision.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, thus denying his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's appeal for a special home adaptation grant is dismissed as moot due to the award of eligibility for specially adapted housing in an August 2022 rating decision. Other claims remain pending.

The Veteran's claim for a higher rating for his service-connected incomplete paralysis of the sciatic nerve of the right lower extremity prior to January 11, 2020, and TDIU prior to June 19, 2015, was granted. The Veteran is now rated at 20% for this condition prior to January 11, 2020, and the claim of a higher rating remains pending. For the period prior to June 19, 2015, the Veteran's TDIU claim was granted.

The Veteran's combined evaluation for service-connected disabilities prior to November 5, 2018 was 90 percent. The appeal for a higher rating is denied.

The Board has remanded the Veteran's claims for increased ratings for her low back disability and bilateral lower extremity radiculopathy due to a lack of recent VA examination records and the need for an updated assessment.