Radiculopathy & sciatica decisions — 2022

The Board has denied the Veteran's claims for service connection for right leg, right hip, and left hip disorders due to lack of a current diagnosis related to these conditions. The cases are being remanded for further examination.

The Veteran's radiculopathy of the left lower extremity is currently rated at 40 percent, and an increased evaluation beyond this rating is denied.,The Veteran's radiculopathy of the right lower extremity is currently rated at 20 percent, and an increased evaluation beyond this rating is denied.

The Board has determined that the Veteran's claims for increased ratings and initial ratings are remanded due to inadequate consideration of extraschedular criteria, lack of discussion regarding marked interference with employment, and need for additional examinations. The case is being referred back to the Director of Compensation Service for further review.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding his acquired psychiatric disorder and bilateral upper extremity radiculopathy. The claims will be returned for further development.

The Veteran's unemployability due to his service-connected PTSD and other disabilities has been recognized, leading to the grant of special monthly compensation under 38 U.S.C. § 1114 (s)(1).

The Veteran's appeal is remanded for additional examinations and opinions to determine the current severity of his service-connected back, lower extremity radiculopathies, shin splints, and knee disabilities. The claim for GERD is also remanded for an addendum opinion.

The Veteran's service-connected disabilities, including his left shoulder disability and associated elbow and wrist conditions, do not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU).

The Board denied attorney fees for past-due benefits awarded in the May 2022 rating decision because the appellant did not file a qualifying request to review this decision, and the grant of service connection for left lower extremity radiculopathy was based on a new claim for an increased rating for back disability.

The Veteran's right femoral nerve radiculopathy is currently rated at 30 percent, effective February 18, 2020.,The Veteran's left femoral and sciatic nerve radiculopathies are both currently rated at 20 percent, effective February 18, 2020.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating prior to September 22, 2009. The Board finds that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable solely by reason of his service-connected disabilities and thus, entitlement to a TDIU rating on an extraschedular basis has been denied.

The Board has remanded the Veteran's claims for service connection for lumbar radiculopathy and an initial rating in excess of 10 percent for lumbosacral strain due to a lack of sufficient evidence regarding the current state of his disabilities.

The Board has remanded the Veteran's claims of entitlement to service connection for a left hip disability and right upper extremity radiculopathy due to outstanding VA and private treatment records. The effective dates for these claims are not addressed in this decision.

The Veteran's claim for increased ratings for his bilateral lower extremity radiculopathy and service connection for a psychiatric disability is remanded. The TDIU issue is also remanded.

The Veteran's intervertebral disc syndrome, radiculopathy of the right and left lower extremities, and PTSD are not rated higher than their current levels.

The Veteran's TDIU claim is dismissed without prejudice due to the combined disability rating of 100% from March 23, 2021. The issue of SMC is remanded for further development.

The Veteran's claims for increased ratings on various service-connected conditions were denied. The rating of 20 percent for painful scars, to include of the breast and torso, was granted from November 1, 2010, to December 19, 2016, but denied thereafter. A compensable rating for residuals of an inguinal hernia was also denied. The Veteran's lumbar spine disability remains at a maximum 40 percent rating. Service connection claims were not granted.

The Veteran's major depressive disorder with chronic sleep impairment is granted as secondary to his service-connected lower back disability. The issues of increased ratings for hypertension, lumbar spine degenerative disc disease with intervertebral disc syndrome, right and left lower extremity radiculopathy, lower back surgical scars, effective dates for separate compensable ratings for radiculopathy of the left and right lower extremities, tinnitus, and hearing loss are remanded.

The Veteran's service-connected disabilities, other than PTSD, do not preclude her from securing or following a substantially gainful occupation.

The Veteran's bilateral upper extremity radiculopathy and TDIU claims have been granted with effective dates of February 19, 2021 for the ratings and December 17, 2020 for the TDIU.,The earlier effective dates are based on the date VA received the initial claim.

The Board has determined that there was a duty to assist error in not obtaining a medical opinion prior to issuing the March 2021 decision on appeal for service connection for the cause of the Veteran's death. The case is being remanded for further development.