Radiculopathy & sciatica decisions — 2022

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to insufficient medical opinions in the April 2021 VA addendum.

The Veteran's radiculopathy, left lower extremity, is currently rated at 20 percent and granted.,For the right lower extremity, a 10 percent rating has been granted from April 8, 2018 to September 1, 2021, and another 10 percent rating was granted starting from September 2, 2021. The Veteran's initial claim for higher ratings prior to these dates remains denied.,The Veteran's degenerative joint disease, left knee, is currently rated at 10 percent.

The Veteran's claims for increased evaluations of her lumbar myofascial strain with IVDS, radiculopathy of the femoral nerve in both lower extremities, and radiculopathy of the sciatic nerve in both lower extremities have been denied. The Board found that the current ratings adequately reflect the severity of the Veteran's conditions.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to August 19, 2016. The Board found that the Veteran possessed the mental capacity to pursue substantially gainful employment despite his service-connected disabilities.

The Board has remanded the issues of service connection for neck disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to secondary service-connected lumbar spine disability. The claims are being returned for further development.

The Veteran's appeal is remanded for further development to determine the severity and manifestations of his bilateral knee disabilities, left knee disability, lumbar disability, and right lower extremity radiculopathy.

The Veteran's claim of service connection for PTSD is denied. The claims of service connection for a low back disorder, bilateral hearing loss, and an acquired psychiatric disorder are granted.

The Veteran's claim for service connection for a recurrent cervical spine condition has been denied as there is no persuasive evidence that the current condition began during active service or is related to an in-service injury or disease.,The claims of entitlement to increased ratings for right lower extremity sciatic nerve radiculopathy, left lower extremity femoral nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy have all been denied as the evidence does not support a finding that any current disability is related to service or another service-connected condition.,For the period prior to March 30, 2021, the Veteran's claim for increased rating of left lower extremity sciatic nerve radiculopathy has been denied. For the period from March 30, 2021, the Veteran's claim for increased rating of left lower extremity sciatic nerve radiculopathy has also been denied.

The Board dismissed the appeal for a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) prior to January 5, 2022. The RO granted service connection and assigned disability ratings for the low back disability and associated lumbar radiculopathy.

The Board has granted an earlier effective date of April 17, 2012 for the award of a TDIU due to service-connected disabilities.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, with the exception of periods prior to April 11, 2019 where he did not meet schedular criteria for TDIU.

The Veteran's low back disability is rated at 40 percent since September 9, 2021. The radiculopathy of the left lower extremity is rated at 60 percent since September 9, 2021. The radiculopathy of the right lower extremity remains at 20 percent.

The Veteran is entitled to a TDIU from December 16, 2016 due to her service-connected disabilities making it impossible for her to secure and follow substantially gainful employment.

The Veteran's claims for increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable rating criteria.

The Board denied service connection for left lower extremity sciatica and right lower extremity sciatica, both claimed as secondary to a lumbar spine disability.,The Veteran's current lower extremity sciatic nerve pain is not caused or aggravated by her service-connected lumbar spine disability.

The Veteran's tinnitus is found to be related to his military service.,His right ear hearing loss and left ear hearing loss are not considered for VA purposes as they do not meet the criteria of a current disability.,The Veteran's back disability, bilateral knee strain, radiculopathy of the lower extremities, and left knee gout are found to be related to his military service.,However, due to conflicting evidence and opinions, the Veteran's right ear hearing loss is denied. The decision on this issue is remanded.

The Veteran's claims for increased ratings for low back strain, sciatic radiculopathy of the left lower extremity, left ankle injury, and left hand injury have been denied. The Board found that the current evaluations adequately reflect the severity of these conditions.

The Veteran's initial ratings for right and left lower extremity radiculopathy were denied as they did not meet the criteria for higher disability ratings.

The Board has remanded the claims for service connection due to insufficient medical opinions and further examination is needed.

The Board has determined that additional development is needed to obtain the Veteran's private treatment records and to provide him with a VA examination for his bilateral hearing loss, ingrown toenails, heart condition, digestive disability (gastroenteritis), periodontal disease, liver condition, left lower extremity sciatica, major depressive disorder with insomnia and traumatic brain injury (TBI), DJD of the thoracolumbar spine, right hand DJD, allergic rhinitis, hypertension, residual scars of the right eyebrow, and residual scars of the left upper and forearm. The Veteran's claims for service connection are remanded.