Radiculopathy & sciatica decisions — 2022

The Veteran's appeals for increased ratings on multiple service-connected conditions have been dismissed due to his withdrawal of the appeals prior to a decision being made.

The Board has decided to remand three issues: service connection for obstructive sleep apnea, a higher rating for cervical spine disability, and a separate rating for bilateral upper extremity radiculopathy associated with cervical spine disability. The Veteran's claims are being returned due to pre-decisional duty to assist errors.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, requiring him to rely on assistive devices for mobility. The Board has granted financial assistance in acquiring specially adapted housing due to his permanent and total service-connected disability.

The Veteran's service-connected peripheral neuropathy of the sciatic and femoral nerves has been granted increased ratings, with effective dates prior to October 31, 2018. TDIU was also granted for the period from October 31, 2018 to April 10, 2019.

The Veteran's claims for increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) has been granted.

The Veteran's claim for a TDIU prior to January 15, 2016 is being referred to the Director of Compensation Service for extraschedular consideration due to the evidence suggesting he may be entitled to such benefits.

The Veteran's right and left lower extremity radiculopathies were rated at 20 percent each, with no higher ratings granted due to the severity of symptoms not warranting a rating in excess of 20 percent.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis, finding that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable because of his service-connected disabilities.

The Veteran's left lower extremity radiculopathy is granted at a 20 percent rating since October 24, 2016. The appeal for the right lower extremity radiculopathy was dismissed as the Veteran expressed satisfaction with the current 20 percent rating.

The Board has dismissed the appeals for various conditions and issues, including colitis, left varicocele, bowel incontinence, shoulder disability, knee disability, GERD, and right leg disability. Service connection for radiculopathy of the left lower extremity is granted as secondary to service-connected low back disability.

The Board has remanded the claims for additional development due to procedural issues and need for further examination.

The Board has determined that the reduction in disability ratings for bilateral knee disabilities and right lower extremity radiculopathy was not proper, and these ratings are being restored. The Veteran's entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy is also remanded.

The Veteran has withdrawn his appeals for increased ratings of left upper extremity cervical radiculopathy, internal hemorrhoids, and hypertension. The Board has dismissed these matters as a result.

The Veteran's claim for increased ratings for his lumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy was denied. Separate 20 percent rating is granted for RLE radiculopathy prior to January 29, 2013; a 40 percent rating is granted from October 12, 2015 to August 7, 2019 for RLE radiculopathy; and a 20 percent rating is granted from June 15, 2018 to August 7, 2019 for LLE radiculopathy.

The Board has determined that the Veteran's claims for increased ratings for his right and left lower extremity radiculopathy, as well as his lumbar spine disability with traumatic arthritis and disc space narrowing, must be remanded due to a lack of recent VA examinations. The cases are being returned for further evaluation.

The Veteran's low back disability with radiculopathy has been rated at 10 percent, and a higher rating is not warranted.,New evidence supports reopening of the Veteran's claims for left knee surgery, skin condition (folliculitis), and fibromyalgia.

The Veteran's claims for increased ratings, TDIU, and SMC related to his back condition are being remanded due to the need for a new examination to assess the current severity of his back condition and associated radiculopathy.

The Veteran's service-connected disabilities, including bilateral hearing loss, back disability, radiculopathy of the lower legs, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. As such, TDIU is granted.

The Board has remanded the issues of increased ratings for low back disability, right and left lower extremity radiculopathy, service connection for left hand and shoulder disabilities, and TDIU.

The Veteran's claims for increased ratings have been withdrawn, and the appeals are dismissed.