Radiculopathy & sciatica decisions — 2022

The Veteran is granted a nonservice-connected pension since October [REDACTED], 2020, due to his age and inability to work due to disabilities. Prior to this date, the Veteran's disabilities did not prevent him from securing and following a substantially gainful employment.

The Veteran's left lower extremity radiculopathy is rated at 60 percent, and he is granted TDIU due to his service-connected disabilities.

The Veteran's application for S-DVI was denied because it was not filed within two years of the date service connection was granted, despite having applied for a TDIU.

The Veteran's cervical spine disability is rated at 30 percent effective December 16, 2021. The issue of a higher initial rating for radiculopathy of the left upper extremity remains pending.

The Veteran's claims for service connection were denied for various conditions, including PTSD, an acquired psychiatric disorder other than PTSD (including dementia), diabetes mellitus type II, prostate cancer, hypertension, a heart disorder (coronary artery disease, status post stent placement), a circulatory disorder, bilateral eye disorders (right eye blindness, double vision in the left eye, cataracts), lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, peripheral neuropathy of each extremity, radiculopathy of each extremity, and myelomalacia. The Board found that there was no evidence to support these claims.,The Veteran's service connection claims were denied for PTSD, an acquired psychiatric disorder other than PTSD (including dementia), diabetes mellitus type II, prostate cancer, hypertension, a heart disorder (coronary artery disease, status post stent placement), a circulatory disorder, bilateral eye disorders (right eye blindness, double vision in the left eye, cataracts), lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, peripheral neuropathy of each extremity, radiculopathy of each extremity, and myelomalacia.

The Board has remanded the claims for service connection for multiple lower extremity disabilities, including right leg disorder, left leg disorder (other than radiculopathy), right foot disorder, and left ankle disorder, as secondary to service-connected spine and left hip disabilities. The Veteran's VA treatment records from specific locations are requested.

The Board has granted service connection for tension headaches as secondary to rhinitis. The issues of evaluating the Veteran's lumbar osteoarthritis and left lower extremity radiculopathy are remanded.

The Veteran's claim for TDIU prior to October 30, 2017 was denied as the effective date of the grant of TDIU is October 30, 2017.

The Veteran's claims for higher ratings for right and left lower extremity radiculopathy of the femoral nerve were denied as his conditions did not meet the criteria for a rating higher than 20 percent.,Effective dates prior to April 19, 2021, for service connection of bilateral lower extremity radiculopathy of the femoral nerve were also denied.

The Veteran's atherosclerotic coronary artery disease did not preclude a workload less than 5 metabolic equivalents of task (METs), resulting in dyspnea, fatigue, angina, dizziness, or syncope.,The cervical spine disability manifested by subjective complaints of chronic neck pain and flares; objective findings do not demonstrate flexion limited to 15 degrees or less, or favorable ankylosis of the entire cervical spine.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate retrospective medical opinions and unclear severity of his service-connected disabilities without medication.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about the adequacy of the VA opinions and the need for independent medical expert evaluations.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because her employment was not considered substantially gainful, despite her service-connected conditions.

The Veteran's service-connected disabilities, particularly his back and bilateral lower peripheral nerve disabilities, coupled with his educational/training background and employment history, precluded him from securing and following any substantially gainful employment. The Board finds that entitlement to TDIU is warranted.

The Veteran's claim for SMC based on the need for aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran did not have anatomical loss or use of both feet, nor was he blind in both eyes, permanently bedridden, or so helpless as to be in need of regular aid and assistance from another person.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal.

The Veteran's degenerative arthritis and degenerative disc disease with left radiculopathy of the lumbar spine are granted as service connected. The issue of a cervical strain with radiculopathy (claimed as a neck condition) is remanded, and the TDIU claim is also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and relationship of his low back condition and left lower extremity radiculopathy to his military service.

The Veteran's service-connected disabilities do not result in loss of use of one or both hands, and therefore he is not eligible for financial assistance for an automobile or adaptive equipment.

The Board has found that there has not been substantial compliance with the previous remand directives regarding the TDIU claim. As a result, another remand is required to obtain information about the Veteran's employment history and work performance.