Radiculopathy & sciatica decisions — 2022

The Board has granted the Veteran's claim of service connection for lumbar strain and degenerative disc disease of the thoracic spine with radiculopathy, finding that his current back condition arose in service or is related to an in-service injury. The decision also reopened the previously denied claim.

The Veteran's claims for service connection and increased ratings have been dismissed. The Board also remanded several issues, including service connection for an acquired psychiatric disability, right upper extremity neurologic impairment (left hand numbness), left upper extremity neurologic impairment (left hand numbness), and a total disability rating based on individual unemployability.

The Veteran's appeals for increased ratings for low back disability and left lower extremity sciatic neuritis have been dismissed due to the appellant's request for withdrawal of the appeal.

The Veteran's appeal for a higher rating on radiculopathy of the right sciatic nerve is dismissed. The issues of service connection for erectile dysfunction and a higher rating for L5-S1 lumbar disc herniation with bilateral lumbar foraminal stenosis are not before the Board.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for service-connected left and right lower extremity radiculopathy due to inadequate examination reports from previous VA examinations.

The Veteran's IVDS is currently rated at 20 percent prior to August 2, 2021 and granted a rating of 40 percent from that date. The right-side lumbar radiculopathy is also granted a 20 percent rating.

The Board has granted an effective date of October 27, 2010 for the award of SMC based on aid and attendance. The Veteran's need for regular assistance due to his service-connected disabilities was established from that date.

The Veteran's essential tremors were not found to be related to service or on a presumptive basis. Service connection for Parkinson's disease was denied as the evidence did not support a diagnosis of Parkinson's disease, and the Board found that the Veteran had essential tremor instead.

The Board has decided to remand the cases for additional development due to the need for authorization and request of private records, as well as for VA examinations.

The Veteran's appeals for higher ratings and earlier effective dates have been withdrawn.,The reduction of the disability rating for thoracolumbar myofascial strain with IVDS from 40 percent to 20 percent was improper, and the rating is restored. The issues regarding TDIU, headaches, cervical myofascial strain, thoracolumbar myofascial strain, radiculopathy of the right upper extremity and bilateral lower extremities, bilateral shoulders, and bilateral hands are remanded for further action.

The Board denied service connection for right leg sciatica and left leg sciatica, finding that the Veteran does not have a current diagnosis of these conditions.,There is conflicting evidence regarding whether the Veteran has sciatica or other neurological abnormalities in his legs related to his service-connected low back disability.

The Veteran's appeal on depression was dismissed as the benefit sought had already been granted. The Board has remanded her claims for myositis, neck disability, left upper extremity radiculopathy, bilateral foot disability, and toenail avulsion.

The Board has dismissed the appellant's claims for a rating in excess of 20 percent for bilateral lower extremity radiculopathies and an earlier effective date for basic eligibility to Dependents' Educational Assistance.

The Veteran's right sciatic nerve branch impairment has been rated at 40 percent since October 7, 2019. The appeal is denied as the criteria for a higher rating are not met.

The Board has remanded the Veteran's claims for higher initial ratings for left and right lower extremity radiculopathy, as well as a rating in excess of 10 percent for lumbosacral strain with degenerative joint disease. The TDIU claim is also being remanded due to incomplete information regarding the Veteran's earnings history.

The Veteran's lumbar, cervical, and lower extremity disabilities are granted as service-connected.,Service connection is also granted for diabetes mellitus, type II, to include as secondary to service-connected disabilities.

The Veteran's appeal for increased ratings for his back condition and bilateral lower extremity radiculopathy is remanded due to the need for additional VA examinations and consideration of outstanding medical records.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or permanently housebound, thus SMC based on aid and attendance is denied.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of right ear hearing loss prior to April 1, 2022, and denied his claim for service connection for radiculopathy, sciatic nerve, right lower extremity. His claims for increased ratings for degenerative arthritis of the lumbar spine with IVDS were also denied.

The Board has remanded the claims for further development due to incomplete records and missed VA examinations. The Veteran's TBI, vertigo, blurred vision, left knee disability, sciatica, bilateral hearing loss, and temporomandibular joint disability are all under review.