Radiculopathy & sciatica decisions — 2022

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to procedural errors in the initial adjudication by the RO.

The Veteran's hypertension and prostate cancer are granted as service-connected due to exposure to herbicide agents during active duty.,Service connection for abnormal glucose/type II diabetes, colon polyps, heart condition, lower extremity radiculopathy/neuropathy, and erectile dysfunction is remanded.

The Veteran's service-connected disabilities require regular aid and attendance of another person from October 26, 2017 through March 11, 2019 due to his inability to perform daily activities.

The Veteran's cervical radiculopathy of the bilateral upper extremities is granted a 10 percent rating beginning April 12, 2006. The ratings for cervical radiculopathy of the left and right upper extremities are denied.

The Veteran withdrew his appeals for service connection on multiple conditions, including chronic stomach condition, cirrhosis of the liver, enlarged heart, hypertensive vascular disease, low back condition, and sciatica of the left leg.

The Board has granted service connection for cervical spine, lumbar spine, upper extremity neurologic, left lower extremity radiculopathy, and right lower extremity radiculopathy disabilities. The appeal is now remanded to assign initial disability ratings and determine eligibility for TDIU.

The Veteran's right sciatic nerve radiculopathy was rated at 10 percent prior to August 18, 2022 and denied a higher rating. For the period beginning August 18, 2022, he is denied a rating in excess of 20 percent.,The Veteran's left sciatic nerve radiculopathy was granted a separate 10 percent rating.

The Veteran's claim for increased ratings for peripheral neuropathy of the bilateral lower extremities was denied as his disability did not meet or approximate the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that additional development is needed to determine if the Veteran's back disability and bilateral lower extremity radiculopathy are secondary to his service-connected postoperative stage A teratoma of left testicle with orchiectomy. The case is being remanded for addendum VA medical opinions.

The Veteran's claims for increased ratings for cervical spine injury and associated right upper extremity radiculopathy are being remanded due to the need for additional medical examination to assess the severity of her service-connected conditions during flare-ups and repetitive use.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and sciatic radiculopathy of the lower extremities have been denied due to failure to appear for scheduled examinations without good cause.

The Board has decided to remand the claims for additional development due to incomplete records and to prepare a Supplemental Statement of the Case (SSOC). The Veteran's treatment records from May 2022 onwards and complete records from Dr. J.C. at Southern Vermont Medical Center need to be obtained.

The Board has remanded the Veteran's claims for additional development to obtain private treatment records and provide a retrospective medical opinion regarding his lumbar spine disability and neurological disorder of the bilateral lower extremities.

The Veteran's service-connected disabilities do not render her unable to secure or follow substantially gainful employment, and the Board denied her claim for a total disability rating based upon individual unemployability (TDIU).

The Board has remanded the issues of the propriety of reduction in ratings for diabetic peripheral neuropathy of the upper and lower extremities, effective July 1, 2020.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU.

The Board has remanded the Veteran's claims for service connection due to incomplete VA treatment records and inadequate medical opinions. The issues of cervical spine, right hand, left hand, sciatica (right and left lower extremities), and talofibular ligament strain of the right ankle will be addressed.

The Board has determined that the Veteran's right lower extremity peripheral neuropathy, diagnosed as lumbar radiculopathy, is not service-connected due to lack of evidence showing a chronic disability in service or within one year after separation, and no established link between current symptoms and service.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use of his left foot, finding that there is no effective function remaining other than what would be equally well served by an amputation with a suitable prosthetic appliance.

The Veteran's initial disability rating for thoracolumbar strain with DDD was granted at a 40 percent level, effective September 14, 2016. The claim for an increased rating for left lower extremity radiculopathy associated with the thoracolumbar strain with DDD remains denied.