Radiculopathy & sciatica decisions — 2022

The Board has remanded the cases for additional development due to issues related to right sacroiliac strain and radiculopathy of the sciatic nerve, right lower extremity. The Veteran is also entitled to a TDIU effective April 23, 2013.

The Veteran's claim for an effective date prior to October 26, 2020 for right lower extremity radiculopathy is denied.,The Veteran's claims for increased ratings for cold injury residuals of the right foot and left foot are remanded.,The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy is remanded, as well as his claim for an initial rating in excess of 20 percent thereafter.,The Veteran's claim for a rating in excess of 10 percent for low back strain with degenerative disc disease prior to October 26, 2020, and in excess of 20 percent thereafter is remanded.,The Veteran's claim for service connection for sleep apnea is remanded.

The Veteran's claims for increased ratings for lumbar spine disability, right and left lumbar radiculopathy are being remanded due to the need for additional examinations.

The Veteran's left hip disability is currently rated as 10 percent disabling prior to November 3, 2015 and 20 percent thereafter. The Veteran's right knee sprain is rated as 10 percent disabling. The Veteran's left knee strain is rated as 20 percent disabling prior to November 4, 2021 and 30 percent thereafter. The Veteran's left knee instability is rated as 20 percent disabling. The Veteran's right knee instability is rated as 10 percent disabling. The Veteran's degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) is currently rated as 40 percent disabling. The Veteran's left lower extremity radiculopathy is rated as 20 percent disabling from November 4, 2021 and 30 percent disabling prior to that date. The Veteran's migraine headaches are rated as 50 percent disabling from November 4, 2021.,The Veteran's left hip disability has been rated based on the extent of limitation of motion.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to the Veteran's active military service.

The Board has determined that additional VA examinations are needed to provide sufficient rationale for the decision regarding the Veteran's claims, including functional loss due to flare-ups and repetitive use over time.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to significant worsening of his service-connected right lower extremity nerve conditions, including both femoral and sciatic nerves. The Veteran will need to undergo VA examinations and complete a TDIU claim form.

The Veteran's sciatic radiculopathy of the left lower extremity is currently rated at 10 percent and an earlier effective date for service connection is denied.

The Veteran's claims for higher initial ratings and SMC based on the need for regular aid and attendance are being remanded due to procedural errors.

The Veteran's service-connected disabilities have resulted in the effective loss or permanent use of his feet, qualifying him for financial assistance to acquire an automobile and adaptive equipment.

The Board has remanded the Veteran's claims for additional examinations and testing to determine the current severity of his bilateral lower extremity conditions, including radiculopathy and neuralgia.

The Veteran's thoracolumbar spine disability, not including spina bifida, is granted as service connected.,The Veteran's radiculopathy of the right lower extremity and left lower extremity are both granted as secondary to his service-connected thoracolumbar spine disability.

The Veteran's claims for increased ratings for degenerative arthritis of the spine with IVDS and radiculopathy right lower extremity as secondary to this condition are being remanded due to lack of substantial compliance with previous Board directives.

The Board has remanded the case due to conflicting evidence regarding whether the Veteran has right lower extremity radiculopathy and inadequate findings in a previous VA examination. The Veteran's service-connected back disability may be related to his claimed condition.

The Board has denied the Veteran's claim for a TDIU on an extraschedular basis prior to January 31, 2022, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board dismissed the claim for service connection for lumbosacral strain because it was fully granted in an August 2020 rating decision. The Board also granted service connection for right lower extremity radiculopathy and left lower extremity radiculopathy as due to lumbosacral strain.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development. The back, neck, left knee, and hip disabilities remain in appellate status.

The Board has remanded the claims for higher evaluations for lumbosacral strain, left and right lower extremity radiculopathy due to inadequate examinations and incomplete treatment records. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Board has remanded the Veteran's claims for service connection due to a lack of complete medical records from his active duty and National Guard service. The right-ear hearing loss claim is also remanded for correction of an inadequate VA examination report.

The Veteran's service-connected back and sciatic nerve radiculopathy conditions have resulted in the loss of use of his bilateral lower extremities, including his feet. As such, he is eligible for financial assistance in purchasing an automobile or adaptive equipment.