Radiculopathy & sciatica decisions — 2022

The Board has determined that the Veteran's right and left lower extremity sciatica / radiculopathy are not service-connected.,The Board also found that there is insufficient evidence to determine if the Veteran's acquired psychiatric disorder, including PTSD, is related to his military service.

The Veteran's appeal for TDIU and effective dates for service connection was dismissed due to the withdrawal of all claims by the Veteran.

The Veteran's cervical spine disability is rated at 20 percent, and the claims for left shoulder, hand, hip, leg, and foot disabilities are granted as secondary to his service-connected cervical disability. The claim for urinary incontinence is also granted.

The Board has remanded several claims for further development, including those related to the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy. The issues of service connection for a neurologic disability associated with his back disability, as well as effective dates for various grants of benefits, have also been remanded.

The Veteran's service-connected degenerative arthritis of the hands, lumbar spine degenerative disc disease (DDD), left lower extremity radiculopathy of the sciatic nerve, and cervical spine spondylosis (neck disability) have been granted higher initial ratings as of January 1, 2012.

The Board has remanded the claims for rating in excess of 20 percent for a lower back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient discussion of functional loss and lack of adequate medical opinion.

The Board determined that the Veteran's service-connected disabilities, including lumbar strain with degenerative arthritis and disc disease, right lower extremity sciatic radiculopathy, right lower extremity femoral radiculopathy, left lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, left hip limitation of flexion, left hip limitation of adduction, left hip limitation of extension, and cervical strain with spondylosis, are sufficient to grant a 100 percent combined rating. However, the Board found that the Veteran is not entitled to TDIU because his disabilities do not prevent him from maintaining any substantially gainful employment.

The Veteran's radiculopathy or neuropathy of the right and left lower extremities is not service-connected.,The Veteran's chronic lumbar strain disability does not warrant a rating in excess of 10 percent.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is granted a rating of 40 percent, but no higher. Service connection for right lower extremity radiculopathy of the sciatic nerve as secondary to service-connected degenerative disc disease of the lumbosacral spine is also granted.

The Board has withdrawn the Veteran's appeals for ratings of his sciatic and femoral nerve conditions, as well as his lumbar spine disability. The issues have been remanded due to the need for additional development regarding the Veteran's lumbar spine disability.

The Board has determined that the VA examinations did not adequately address the Veteran's claims for service connection, and thus remanded the cases for additional development.

The Board has found that the RO did not substantially comply with the May 2021 remand directives and has therefore ordered further development for the issues of increased ratings for back condition, left lower extremity radiculopathy, and TDIU.

The Veteran's service-connected back condition renders him unable to secure and follow a substantially gainful occupation on an extraschedular basis, resulting in the grant of TDIU.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations. The initial rating of 10 percent, but no higher, is granted for left lower extremity radiculopathy (sciatic nerve) prior to January 17, 2019. The issues on appeal include increased ratings and TDIU.

The Board has remanded the Veteran's claims for service connection for a back disability and chronic fatigue to include as due to undiagnosed illness. The case will be returned to the RO for further development.

The Veteran's claim for TDIU prior to August 26, 2019 was denied as his service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment.

The Veteran's appeals for earlier effective dates and increased ratings for bilateral lower extremity radiculopathy, as well as the TDIU claim prior to April 4, 2013, have been withdrawn and are dismissed.

The Veteran's service-connected diabetic peripheral neuropathy of the lower extremities results in loss of use of his feet, which meets the criteria for financial assistance in purchasing an automobile or other conveyance and adaptive equipment.

The Board has granted service connection for swelling in the left hand, a cervical spine condition, and cervical radiculopathy of the right upper extremity.,Service connection is established for these conditions as they are found to be at least as likely as not related to military service.

The Board has decided that a remand is necessary to determine if the Veteran's left lower extremity symptoms are related to their service-connected low back disability.