Radiculopathy & sciatica decisions — 2022

The Veteran's claims for service connection are being remanded due to incomplete records and the need for further development.

The Veteran's back disability is granted a 40 percent rating. The right lower extremity radiculopathy is denied any increased ratings prior to December 1, 2020 and after that date. The left lower extremity radiculopathy is also denied any increased ratings from July 11, 2016 to November 30, 2020 and after that date.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to December 10, 2008.

The Board has remanded the issues of service connection for a right knee condition and entitlement to TDIU prior to August 7, 2014 due to insufficient examination findings.

The reduction of the rating for service-connected left lower extremity radiculopathy sciatic nerve from 60 percent to 20 percent, effective December 1, 2018, was not proper and the 60 percent evaluation is restored.

The Board has remanded the claims of increased rating for low back pain, service connection for bladder condition, right lower extremity radiculopathy, left lower extremity radiculopathy, and left shoulder disability due to additional development needed.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, which render him unable to obtain or retain substantially gainful employment.

The Board has decided to remand the case due to conflicting claims regarding service connection for degenerative disease of the lumbar spine with radiculopathy, including as secondary to a service-connected left shoulder disability and as a direct result of service. The Veteran's contentions have changed over time, leading to the need for further development.

The Board has denied the Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy, finding that the evidence does not support a higher disability rating than the current 20 percent assigned.

The Veteran's claim for increased ratings of his lumbar spine disability and left lower extremity sciatic radiculopathy was remanded. The Board found that a higher rating is not warranted at any time during the appeal period.

The Board has denied the Veteran's claims for service connection for a lower back disability, left and right lower extremity radiculopathy, and high sugar or diabetes mellitus. The evidence does not support a finding that these conditions are related to service.,There is no credible evidence of a current diagnosis of arthritis of the low back within one year of discharge from active duty, nor any evidence of continuity of symptoms since service.

The Board has decided that an effective date earlier than June 30, 2011 for the award of service connection for right lower extremity peripheral neuropathy of the sciatic nerve is not warranted. The Veteran's claim was denied in July 2010 and reopened on June 30, 2011. The Board has also decided to remand the issue of entitlement to a higher initial rating for right lower extremity peripheral neuropathy of the sciatic nerve due to a duty-to-assist error.

The Veteran's left total knee replacement is rated at 60 percent disabling for the period prior to June 25, 2020. For the period from June 25, 2020 onward, a higher rating is denied.

The Veteran's disability ratings for post traumatic headaches and radiculopathy of the right lower extremity were not properly reduced, as there was no evidence showing improvement in his ability to function under ordinary conditions.

The Veteran's claim for special monthly compensation under 38 U.S.C. § 1114(m) is granted, as he has no effective function remaining in his bilateral lower extremities other than what would be equally well served by an amputation with use of a prosthetic appliance.

The Veteran's cervical spine disability is rated at 10 percent, and a separate 40 percent rating for right upper extremity radiculopathy associated with the cervical spine disability is granted from May 27, 2021.

The Veteran's claims for various disabilities, including psoriasis and left eye visual acuity loss, are remanded due to the need for additional medical opinions.,The Veteran's service connection claim for residuals of a left index finger injury is also remanded as it may be related to his right knee disability.,The Veteran's TDIU claim is also remanded as it could impact other claims.

The Board denied service connection for a low back disability, left leg radiculopathy, right leg radiculopathy, and left foot condition. Service connection was granted for post-traumatic head injury (to include neurocognitive disorder) and anxiety.,Service connection for chest pains was not established.

The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied.,Claims for effective dates earlier than June 27, 2017 for service connection for radiculopathy, left lower extremity, femoral nerve; radiculopathy, right lower extremity femoral nerve; radiculopathy, left lower extremity sciatic nerve; radiculopathy, right lower extremity sciatic nerve; tinnitus; and, hearing loss have been denied.,Service connection for hypertension as due to herbicide exposure has been granted.,The previously denied claim for service connection for a cardiovascular disorder (claimed as ischemic heart disease) has been reopened. Service connection for coronary artery disease (CAD) as due to herbicide exposure has also been granted.,A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities has been granted, subject to the laws and regulations governing the award of monetary benefits.,The claims for service connection for a right knee disability, left knee disability, sleep disability, prostate disability, diverticulitis, erectile dysfunction, cervical spine disability, hearing loss, lumbar spine disability, PTSD, radiculopathy of the left lower extremity (LLE), femoral nerve, radiculopathy of the right lower extremity (RLE), femoral nerve, radiculopathy of the LLE sciatic nerve, and radiculopathy of the RLE sciatic nerve have been remanded.

The Veteran's lumbar strain and associated radiculopathies have been granted increased ratings, with effective dates ranging from February 3, 2012 to July 20, 2021. TDIU was also granted for specific periods.