Radiculopathy & sciatica decisions — 2022

The Veteran's appeal for SMC based on loss of use of both lower extremities has been withdrawn.,The Board has granted an earlier effective date of March 17, 2010 for the grant of entitlement to SMC due to the need for aid and attendance. The appellant is required to provide authorization for VA to obtain her adoptive daughter's medical records from Winter Haven Hospital Center for Behavioral Health.,VA must also obtain H.M.'s Social Security Administration (SSA) records, including the determination letter and all supporting medical documents.

The Veteran's service-connected disabilities do not result in him being unable to secure and follow a substantially gainful occupation, as his physical limitations are already compensated for by the schedular ratings.

The Veteran's appeal for increased ratings for PTSD and TDIU was denied. The Board found that the severity, frequency, and duration of the Veteran's PTSD symptoms did not meet the criteria for a higher rating before May 15, 2018, or for a 100 percent rating thereafter. For TDIU, the Veteran's service-connected disabilities were deemed insufficient to prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal for a rating in excess of 40 percent for lumbar DDD and spondylosis was dismissed. A TDIU prior to December 1, 2020 is granted. The case is remanded for consideration of an extraschedular TDIU from December 1, 2020.

The Board has remanded the Veteran's claim for service connection for a cervical spine disorder and left upper extremity radiculopathy due to inadequate compliance with prior remand directives. The AOJ is instructed to obtain legible copies of the Veteran's STRs, schedule a VA examination, and provide an opinion on the etiology of his claimed conditions.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's psychiatric and musculoskeletal conditions, including PTSD with sleep impairment, chronic lumbosacral strain, lumbar radiculopathy of the left lower extremity, and residuals of puncture wound/contusion right mid-tibia. The TDIU claim is also remanded for further development.

The Veteran's TDIU claim was denied as he did not return the required VA Form 21-8940 and there is no credible evidence showing he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the cases for further development to verify periods of active duty and Reserve service, including ACDUTRA and INACDUTRA. The Veteran's claims for service connection for chronic fatigue syndrome and sciatica are pending.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's low back disability and related radiculopathy. The TDIU claim is deferred until after the examination results are available.

Service connection is granted for a lumbar spine disorder, bilateral lower extremity radiculopathy, and an acquired psychiatric disorder.,The Veteran's OSA claim is remanded.

The Veteran's service-connected acquired psychiatric disorder, left upper extremity radiculopathy with carpal tunnel syndrome, right upper extremity radiculopathy with carpal tunnel syndrome, left hand carpal tunnel syndrome, and right hand carpal tunnel syndrome are all denied. The Board found no evidence to support a nexus between the Veteran's current conditions and his service.

The Board has granted the Veteran's claim for a total disability rating due to individual unemployability (TDIU) based on his service-connected disabilities, which include gouty arthritis, hiatal hernia with esophageal reflux, lumbar spine degenerative changes, and bilateral lower extremity radiculopathy. The effective date will be determined by the AOJ.

The Board has determined that additional development is necessary for the claims of service connection for left and right lower extremity radiculopathy, as secondary to service-connected back disability. The Veteran's testimony indicates he continues to experience symptoms in both lower extremities related to his service-connected back disability.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected PTSD, lumbar spine disability, left sciatic nerve disability, and back scar.

The Board has granted service connection for the Veteran's thoracolumbar spine disability but has remanded his claim of service connection for bilateral lower extremity radiculopathy as secondary to his thoracolumbar spine disability.

The Veteran withdrew his appeals for higher ratings in excess of 10 percent for intervertebral disc syndrome with degenerative arthritis and left lower extremity radiculopathy.

The Veteran's claims for service connection for dental trauma, degenerative disc disease of the lumbosacral spine with radiculopathy of the bilateral lower extremities, and degenerative arthritis of the right hand and wrist have been denied as new and material evidence has not been received to reopen these claims.,Service connection for arthritis of the bilateral shoulders is denied due to lack of in-service or post-service medical evidence linking the condition to service.

The Veteran's left shoulder dislocation is currently rated at 40 percent, but the Board finds it does not meet the criteria for a higher rating under any applicable diagnostic codes.,For his right shoulder bankart report (minor), an adequate VA examination is needed to assess the current level of disability.

The Veteran's right lower extremity radiculopathy is granted as service connected. The bilateral foot condition issue has been remanded for further examination and opinion.

The Veteran's lower back disability and lumbar spine degenerative joint disease with bilateral lower extremity radiculopathy are granted as secondary to his service-connected bilateral knee disabilities.