Radiculopathy & sciatica decisions — 2022

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for a back disorder, left hip disorder, and left sciatica are remanded due to the need for additional medical opinions. The Board finds that the necessary development has not been completed.

The Board denied the Veteran's claim for an extension of a temporary total rating based on convalescence following a back surgery, finding that no additional time was required due to post-operative residuals.

The Board has determined that additional development is necessary due to the Veteran's testimony indicating worsening of his service-connected bilateral hearing loss and peripheral neuropathy, and he received continued treatment for these disabilities. The Board finds new VA examinations are needed to determine the current level of severity of his service-connected disabilities.

The Veteran's claims for service connection for neurological disorders of the left and right upper extremities have been denied as there is no evidence that these conditions had their onset during service or are related to a service-connected disability.,The VA examinations provided opinions indicating that the Veteran's current neurological disorders are not caused by his service-connected diabetes mellitus type II.

The Board has remanded the claims for an initial rating in excess of 10 percent for lumbar spine disability and a separate rating for right lower extremity sciatic nerve radiculopathy prior to August 28, 2020. The TDIU claim is also remanded due to its interdependence with the other claims.

The Veteran's T-12 burst fracture and bilateral lower extremity sciatica are denied as they occurred during a period of dishonorable service.,Service connection for tinnitus is granted, but the claim for bilateral hearing loss remains pending due to insufficient evidence.

The Board has remanded the Veteran's claims for asthma, lumbar spine disability, and right lower extremity disability due to incomplete records and need for additional medical opinions.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his employment was not marginal and he could secure and follow substantially gainful employment.

The Board has determined that the Veteran's service-connected disabilities have prevented him from engaging in substantially gainful employment since June 1, 2005. Therefore, TDIU on an extraschedular basis is granted from this date.

The Veteran's claim for an earlier effective date for his service-connected left lower extremity radiculopathy was granted. The Board found that it was factually ascertainable that the Veteran had left lower extremity radiculopathy of the sciatic nerve as of March 1, 2017.

The case is being remanded due to the need for additional development and consideration of new evidence. The Veteran's claims for increased evaluations for his lumbar spine condition, radiculopathy in both legs, and TDIU are also being remanded.

The Veteran's disability rating for degenerative arthritis of the thoracolumbar spine has been increased to 20 percent, effective from the date of the decision. Service connection has also been granted for radiculopathy of the right and left lower extremities as a neurological manifestation of her service-connected back disability.

The Veteran's claims for radiculopathy of the left sciatic nerve, lumbar spine disorder, right knee disorder, and acquired psychiatric disorder have been reopened. The claims for radiculopathy of the left sciatic nerve and right knee disorder are denied as there is no evidence of an in-service injury or incident that caused these conditions. The claim for a lumbar spine disorder is granted due to a nexus with service, but the claim for an acquired psychiatric disorder remains pending.

The Veteran's appeal regarding the rating and effective date for his service-connected right lower extremity radiculopathy has been dismissed due to a withdrawal of the appeal by the Veteran through his authorized representative.

The Veteran's TDIU claim has been granted. The Board also found that the Veteran's bilateral shoulder condition requires further examination and opinion.

The Board has remanded the Veteran's claims for left knee strain, low back condition, and left lower leg radiculopathy due to inadequate nexus opinions in the May 2016 VA examination report. The claims are being returned for further development.

The Board has remanded the Veteran's claims for generalized osteoarthritis and numbness of the hands due to additional development being needed, including obtaining medical opinions regarding herbicide exposure.

The Board has granted service connection for lumbar spine degenerative disc disease and left leg radiculopathy, but denied service connection for a right leg disability.

The Veteran is granted a disability rating of 10 percent for radiculopathy of the left lower extremity sciatic nerve from October 2, 2015 to July 16, 2017.

The Veteran's right ankle fracture has been granted increased ratings from September 30, 2008 to April 7, 2019 (10% rating) and from April 8, 2019 onwards (20% rating).,Increased ratings have also been granted for sciatic nerve radiculopathy in the right lower extremity from September 30, 2008 to June 14, 2016 (10% rating) and from June 15, 2016 onwards (10% rating).,Increased ratings have also been granted for sciatic nerve radiculopathy in the left lower extremity from September 30, 2008 to June 14, 2016 (10% rating) and from June 15, 2016 onwards (10% rating).,Increased ratings have also been granted for femoral nerve radiculopathy in the right lower extremity from March 12, 2012 to April 11, 2021 (10% rating) and from April 12, 2021 onwards (20% rating).