Radiculopathy & sciatica decisions — 2022

The Veteran's service connection for PTSD, Major Depressive Disorder, and Anxiety Disorder is granted. The initial rating for low back disability prior to June 7, 2019 is granted at 20 percent. A higher than 40 percent rating for the low back disability since June 7, 2019 is denied. Initial ratings of 10 percent are granted for right sciatica and scar formation in the right cranium prior to June 6, 2019. The issue of service connection for joint pain is dismissed.

The Board has determined that there was not substantial compliance with the April 2022 remand directives and thus, further remand is required for the Veteran to be afforded a VA examination.

The Veteran's appeals for increased disability ratings and TDIU were dismissed as the Veteran withdrew his appeal prior to a decision being made.

The rating reduction for radiculopathy of the left lower extremity sciatic nerve was improper, and the Veteran's disability rating is restored to 20 percent effective December 20, 2016. The cases regarding degenerative disc disease L5-S1 with history of herniated disc status post surgery, right lower extremity radiculopathy sciatic nerve, and left lower extremity radiculopathy sciatic nerve are remanded for further evaluation.

The Board has found the VA examinations inadequate and remanded for further development, including obtaining a new examination to determine the current severity of the Veteran's back and ankle disabilities. The TDIU issue is also being remanded due to its inextricability with the underlying claims.

A disability rating of 40 percent for right sided L5-S1 herniated disc status-post right hemilaminectomy is granted from January 21, 2014 to July 28, 2022.,A disability rating in excess of 40 percent for the back disability is denied throughout the entire initial rating period on appeal from January 21, 2014.

The Board has remanded the Veteran's claims for bilateral eye disorder, right lower extremity radiculopathy, and lumbar spine intervertebral disc syndrome with degenerative changes due to inadequate opinions regarding service connection and current severity.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities making it impossible for him to secure and maintain substantially gainful employment.

Effective October 11, 1986, service connection for cervical spine degenerative arthritis is granted.,From May 11, 2007, an initial rating of 20 percent for left upper extremity radiculopathy is granted as secondary to service-connected lumbosacral strain.,From May 11, 2007, an initial rating of 20 percent for right knee osteoarthritis is granted as secondary to service-connected lumbosacral strain.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for right knee impairment is dismissed.

The Veteran's service-connected disabilities, including headaches and back issues, have rendered him unable to secure and follow a substantially gainful occupation. The Board has granted his claim for total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims for service connection for lumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate medical opinions in prior decisions. The Veteran's lay statements of continuous low back pain since service are considered.

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy, right tibia distal fracture, degenerative disc disease with spinal stenosis, and scars from lumbar spine fusion, render him so helpless as to require regular aid and attendance of another person. The Board granted the claim for special monthly compensation based on the need for aid and attendance.

The Veteran's PTSD was granted a 70% disability rating effective April 23, 2021. The right lower extremity neuropathy (formerly reduced sensation) was granted a 60% disability rating effective April 28, 2021.

The Veteran's appeals for increased ratings and TDIU/DEA benefits are dismissed due to the submission of a valid Notice of Disagreement within one year of the initial rating decisions. The issues will be addressed under the Legacy appeals system.

The Board has dismissed the Veteran's appeals regarding earlier effective dates for service connection and increased ratings for various radiculopathy conditions and a left knee scar, as these decisions were not initial decisions under the AMA.

The Veteran's lumbar spine disability is rated at 20 percent, effective October 7, 2020.,Initial ratings of 20 percent are granted for the left and right lower extremity sciatic nerve involvement, also effective October 7, 2020.

The Veteran's right knee, left knee and low back disabilities have been granted service connection. Residuals of neck surgery, osteoarthritis (multiple sites), psoriatic arthritis, and psoriasis are still under review.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including scheduling a VA examination.

The Veteran's degenerative disc disease of the lumbar spine is rated at 10 percent prior to March 14, 2022 and 20 percent thereafter. A separate 20 percent rating for right lower extremity radiculopathy effective March 14, 2022 has been granted.

The Veteran's left upper extremity radiculopathy was granted a 30 percent rating effective September 21, 2016. The appeal for a higher rating is denied.