Radiculopathy & sciatica decisions — 2022

The Veteran's hypertension, atrial fibrillation, right knee degenerative arthritis, left knee degenerative arthritis, right upper extremity radiculopathy, and left upper extremity radiculopathy are all granted as they are presumed to be related to his in-service herbicide exposure.,Right foot hammertoe is denied as it did not manifest during service or is otherwise unrelated to service.

The Board has granted a 100% rating for PTSD effective February 7, 2021. A 20% rating is granted for left lower extremity radiculopathy effective the same date. The claim for an earlier effective date for TDIU is denied.

The Veteran's LLE radiculopathy was rated at 10% prior to October 11, 2019 and at 20% thereafter. The Board found that the evidence did not support a higher rating for any period on appeal.

The Veteran was granted a TDIU from March 5, 2008 to July 28, 2021 due to service-connected lumbar spine disability and bilateral lower extremity sciatic nerve radiculopathy. The Board found that the Veteran's back disability alone prevented him from maintaining substantially gainful employment during this period.

The Board has remanded the claims for further development due to lack of adequate examination documentation and scheduling issues.

The Veteran's low back disability with associated radiculopathy has been granted an effective date of May 1, 2011. The issues of higher ratings for the lower extremity radiculopathies and earlier effective dates are being remanded.

The Board has granted an earlier effective date of February 7, 2017 for the award of service connection for right lower extremity sciatic radiculopathy. The case is remanded for further examination and opinion regarding a compensable rating for the Veteran's right knee disability and her entitlement to service connection for obstructive sleep apnea.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment, and the Board granted a TDIU based on his physical and cognitive limitations.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy disabilities, as well as his claim for a TDIU prior to June 3, 2020. The VA is directed to obtain SSA records and afford the Veteran an opportunity to clarify his employment status during the period on appeal.

The Board has remanded the claims for service connection due to inadequate medical opinions regarding the Veteran's spine and skin conditions. The cases are being returned for further development.

The Veteran's service-connected PTSD, degenerative lumbar spondylosis, rheumatoid arthritis of the bilateral lower extremities (rhabdomyosarcoma is not a condition, but radiculopathy is attributed to it), diabetes mellitus type II, psoriasis, and hypertensive heart disease have rendered him unable to secure or follow substantially gainful employment from February 9, 2016.,The Veteran's service-connected PTSD, degenerative lumbar spondylosis, rheumatoid arthritis of the bilateral lower extremities (rhabdomyosarcoma is not a condition, but radiculopathy is attributed to it), diabetes mellitus type II, psoriasis, and hypertensive heart disease have rendered him unable to secure or follow substantially gainful employment prior to February 9, 2016.

The Board has dismissed the appeals for service connection and rating determinations as the Veteran died during the pendency of these claims.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to November 6, 2017.

The Veteran's claims for right knee instability, degenerative arthritis of the lumbar spine, and bilateral lower extremity radiculopathy have been granted.,The Board has determined that new and material evidence was received to reopen these previously denied claims.

The Board has decided that the Veteran's claims for service connection are remanded due to a duty-to-assist error. The AOJ is instructed to obtain the Veteran's complete reserve service personnel records, including all DD Form 214s issued after 1991.

The Board has granted a TDIU effective October 12, 2021. The decision also grants an increased rating for left knee disability and service connection for left upper extremity radiculopathy of the middle radicular group.

The Veteran's claimed spinal conditions are not service-connected as they are not related to his military service and do not qualify under the presumptive provisions for Persian Gulf War veterans.

The Board has remanded the Veteran's claims for right lower extremity radiculopathy due to outstanding private medical records and a need to provide adequate reasons or bases regarding the assignment of the effective date of the disability rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional clarification regarding his service-connected conditions.

The Veteran's right lower extremity radiculopathy was rated at 20 percent prior to November 18, 2016 and remains at that rating.,The Veteran's left lower extremity radiculopathy was initially rated at 40 percent effective December 6, 2021. The appeal period for this condition is from November 18, 2016 to December 6, 2021.