Radiculopathy & sciatica decisions — 2022

The Veteran's right ankle disability is granted as service-connected. The low back, left lower extremity sciatica, and right lower extremity sciatica claims are denied.

The Veteran's liver disability is granted as secondary to his service-connected diabetes mellitus, type II.,Earlier effective dates are granted for the awards of service connection for right and left lower extremity diabetic peripheral neuropathy.,An initial disability rating in excess of 20 percent for diabetes mellitus, type II is denied.

The Board has granted service connection for a thoracolumbar spine disability and radiculopathy of the left lower extremity, both diagnosed as degenerative disc disease. The Veteran's thoracolumbar spine disability is presumed to have been incurred in service due to an injury during active duty.

The Veteran's TDIU claim is remanded due to the need for a new VA examination and consideration of an extraschedular TDIU based on his service-connected back disability.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding the etiology of his lumbar spine, right and left knee disabilities.

The Board has remanded several issues, including the claim for service connection for multiple joints arthritis and the ratings for cervical spine disability, right shoulder disability, left wrist disability, and PTSD. The Veteran's claims are being returned to the AOJ for additional development.

The Board has remanded the claims for service connection for a cervical spine disorder, as well as rating increases for various shoulder and back conditions. The remand requires providing the Veteran with information about VA examiners who conducted his examinations, obtaining an addendum medical opinion regarding the etiology of his current cervical spine/neck disabilities, and reviewing all examination reports to ensure that requested information was provided.

The Veteran's claim for an increased evaluation for major depressive disorder with adjustment disorder with depressed mood was denied as the severity, frequency, and duration of his psychiatric symptoms did not more closely approximate total occupational and social impairment.,The Veteran's claim for an increased evaluation for radiculopathy of the right lower extremity was also denied because the disability manifested as moderate incomplete paralysis.

The Board dismissed the appeal as the RO's grant of an earlier effective date of July 20, 2007, for the assignment of a TDIU represents a full grant of the benefit sought with respect to the TDIU issue.

The Veteran's service-connected conditions do not prevent him from securing and following a substantially gainful occupation, as he is currently employed.

The Board has remanded the claims for service connection and TDIU due to insufficient examination reports, and additional evidence is needed.

The Board denied a rating in excess of 10 percent for the Veteran's lumbar radiculopathy of the right lower extremity, finding that the evidence did not show moderate incomplete paralysis.

The Veteran's service-connected disabilities, including PTSD, back disability, bilateral ankle disability, and bilateral lower extremity radiculopathy, have rendered him unable to secure or maintain substantially gainful employment from June 8, 2011, to March 17, 2015.

The Board denied the Veteran's claim for service connection for a left foot disorder other than pes planus with plantar fasciitis and left lower extremity radiculopathy, finding no evidence of such a condition distinct from his already service-connected conditions.

The Board has found that additional development is needed for the Veteran's cervical spine and upper extremity radiculopathy disabilities due to assertions of worsening, as well as the fact that the Veteran did not endorse flare-ups at the May 2021 examination but has endorsed them since. The TDIU claim will also be deferred.

The Veteran's right and left lower extremity peripheral neuropathy sciatic nerve have been granted increased evaluations of 20 percent each, effective from June 25, 2009.,The Veteran has also been granted a determination of total disability based on individual unemployability (TDIU) due to service-connected disabilities.

The Board has ordered a new examination to determine the nature and etiology of the Veteran's low back disability, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to April 11, 2019. Effective April 11, 2019, the Veteran is entitled to TDIU based solely on his left ankle disability and SMC for aid and attendance due to his service-connected left ankle disability.

The Board has dismissed the appeals for service connection for back fusion issues, pancreatitis, and bilateral lower extremity peripheral neuropathy of the ulnar and sciatic nerves. The appeal seeking service connection for PTSD due to military sexual trauma is granted.