Radiculopathy & sciatica decisions — 2022

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected low back disability. A temporary 100 percent rating for convalescence following surgery on his service-connected low back disability is also granted.

The Veteran's bilateral radiculopathy of the lower extremities is rated at 20 percent, but does not meet criteria for a higher rating. The highest schedular rating has been granted for gastritis.

The Veteran's claims for increased ratings and service connection are remanded due to inadequate examinations. The Board will schedule the Veteran for VA examinations to address his lumbar spine, left knee, right knee, and kidney stone disabilities.

The Veteran's claims for effective dates prior to July 2, 2017 and November 27, 2018 for service connection of left upper extremity radiculopathy and right upper extremity radiculopathy are denied.,The Veteran's claim for service connection for chronic kidney disease (CKD) is remanded.

The Board has granted service connection for left lower extremity radiculopathy, finding that the evidence is at least evenly balanced as to whether the Veteran's condition is related to active duty service.

The Board has remanded the case due to the Veteran's failure to report for scheduled VA examinations and requests for another examination. The Veteran should be afforded an opportunity to attend a VA examination.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining outstanding VA treatment records and scheduling a new VA examination. The claims include issues related to dental disability, benign paroxysmal positional vertigo, major depressive disorder, lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU prior to November 1, 2010.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, warranting a TDIU. The Board finds the evidence persuasive that she is unable to perform the physical and mental acts required by employment due to her service-connected disabilities.

The Board denied the Veteran's claims for service connection for left and right lower extremity sciatica as there is no current diagnosis of sciatica in the record, and he has been compensated through the award of service connection for bilateral external popliteal nerve radiculopathy.

The Veteran's cervical strain and djd, lumbar strain and thoracolumbar djd, right lower extremity sciatica, left lower extremity sciatica, and right hip bursitis are all related to his service-connected left ankle problem. The Board has determined that additional VA opinions are needed to determine the relationship between these conditions and his service-connected disability.

The Veteran's claims for increased ratings for left foot plantar fasciitis, thoracolumbar strain with intervertebral disc syndrome (IVDS), and bilateral lower extremity radiculopathy are remanded due to the need for additional medical opinions regarding functional loss during flare-ups and associated neurologic abnormalities.

The Veteran's PTSD rating was restored from 70% to 50%, and his bilateral lower extremity radiculopathy ratings were restored from 10% to noncompensable. The claim for service connection of a right shoulder disability is reopened, but the issue remains pending.

The Veteran is granted special monthly compensation based on a higher level of special aid and attendance due to his need for personal health-care services provided daily in his home by licensed professionals, necessitating nursing home care if not provided.

The Veteran's service-connected disabilities do not preclude her from securing or following a substantially gainful occupation.

The Veteran's appeal is remanded for additional development, including obtaining medical records and opinions regarding his service-connected disabilities.

The Veteran's service connection claim for low back disability and sciatica of the lower extremities has been granted. The decision also remanded the secondary service connection claims.

The Board has remanded the cases for further development and examination, including obtaining a retrospective opinion on the Veteran's lumbar spine and left lower extremity disabilities. The claims are also remanded to obtain proof of annual salary prior to June 28, 2014.

The appeal for an effective date earlier than July 29, 2015, for award of service connection for lumbar spine DJD and left lower extremity radiculopathy is dismissed.,The claim of service connection for calcified pleural plaques, calcified granulomas, and COPD (claimed as lung condition) due to asbestos exposure has been reopened. The appeal is granted to this extent.,Issues regarding PTSD and depression are remanded for further evaluation.,Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is also remanded.

The Veteran's right and left lower extremity radiculopathy were initially rated at 10 percent prior to November 9, 2017. The Board found that the evidence did not support a higher rating for either condition during this period.,From November 9, 2017, the Veteran's right and left lower extremity radiculopathy were granted ratings of 20 percent.

The Veteran's claim for an earlier effective date of May 29, 2009 for service-connected lumbosacral strain (back condition) is granted. The case is remanded due to the need for a new VA examination to assess the severity and any associated neurologic abnormalities such as urinary incontinence.