Radiculopathy & sciatica decisions — 2022

The Veteran's initial claim for a higher rating for LLE radiculopathy was denied prior to April 7, 2015.,A rating of 20 percent was granted from April 7, 2015 to January 15, 2020.

The Veteran's appeal is remanded due to the need for adjudication of a CUE claim and readjudication of his TDIU claim. The issues include service connection, determination of CUE in an August 2017 rating decision, and entitlement to TDIU prior to April 19, 2019.

The Veteran's service-connected lumbar spine, left foot plantar fasciitis, and right lower extremity radiculopathy disabilities rendered him unable to secure or follow substantially gainful employment from January 19, 2010, to November 24, 2010. A TDIU on an extraschedular basis is granted for this period.

The Veteran's tinnitus, low back pain with cauda equina syndrome and degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and neurogenic bladder have all been granted service connection.,The VA examiner found no nexus between the Veteran's in-service injuries and his current disabilities, but the Board affords this opinion low probative value due to its inadequacy.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history, resulting in the denial of TDIU.

The Veteran's left lower extremity radiculopathy is granted at a 40 percent evaluation, effective August 19, 2022. The right lower extremity radiculopathy remains denied prior to April 2, 2018 and since April 2, 2018.

The Veteran's lumbar spine disability is rated at 40 percent from April 4, 2019, to May 12, 2021. Her left and right lower extremity radiculopathy are both rated at 20 percent since December 18, 2014.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, but the Board is remanded for further development including consideration of a TDIU on an extraschedular basis.

The Veteran's claims for increased ratings were denied. The hypertension claim was denied as the evidence did not show diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more. The low back sprain/spasm with history of arthritis claim was denied as there was no reduction in flexion to less than 30 degrees after March 17, 2021. The right lower extremity radiculopathy claim resulted in a grant of an initial 20 percent rating effective September 8, 2015.

The Veteran's service-connected diabetes mellitus type II, diabetic peripheral neuropathy of the bilateral upper and lower extremities, causes him to be in need of regular aid and attendance due to his balance issues, difficulty walking, weakness, and fall risk. The Board has granted SMC based on the need for regular aid and attendance.

The Board has granted a TDIU based on the Veteran's service-connected PTSD and awarded SMC at the 's' rate due to additional disabilities independently rated at 60 percent.

The Board denied the Veteran's claim for a total rating based on individual unemployability (TDIU) as his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The appeal for service connection of a cervical spine disability is dismissed.,Service connection for bilateral upper extremity radiculopathy is denied.,An initial compensable rating (10%) is granted for service-connected nephrolithiasis.

The Board has remanded the claims for service connection for bilateral hand disabilities, as carpal tunnel and Raynaud's syndrome, due to conflicting medical opinions and a need for further development.

The Veteran's appeal for an earlier effective date for radiculopathy of the right lower extremity was denied. The appeals for increased ratings and service connection claims were remanded due to lack of recent VA examinations and potential loss of use of limbs.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for further examination. The issues of cervical spine disability, bilateral lower extremity radiculopathy, gastritis and gastroesophageal reflux disease, and tinnitus are inextricably intertwined with the lumbar spine disability claim.

The Veteran's service-connected disabilities, including his right hip and lumbar spine conditions, have rendered him unable to secure or follow a substantially gainful occupation since October 28, 2015. The Board finds that the criteria for TDIU are met.

The Veteran's radiculopathy of the bilateral lower extremities is granted as secondary to his service-connected lumbar spine disability. The Veteran's neuropathy of the left upper extremity is remanded for further examination and opinion.

The Veteran's left knee degenerative joint disease is currently rated at 10 percent for limitation of motion and a separate 10 percent rating for instability. The claim for an increased rating remains pending.,The Veteran's back disability is currently rated at 20 percent, but the remanded issue involves entitlement to a higher rating than 20 percent.,Right lower extremity radiculopathy is also currently rated at 10 percent and the remanded issue involves entitlement to a higher rating.

The Board has determined that the Veteran's ADHD, lumbar spine disability, and radiculopathy of the right leg need further evaluation due to recent testimony indicating worsening symptoms.