Radiculopathy & sciatica decisions — 2022

The Veteran's lumbar spine DJD and LLE radiculopathy were denied an increased rating.,The Veteran's RLE radiculopathy was granted a 20 percent disability rating, but not higher from December 22, 2021.

The Board dismissed the appeals for increased ratings for nerve conditions in multiple lower extremities.

The Veteran's claim for an increased rating for hypothermia residuals of the bilateral feet was denied. The Veteran's claim for service connection for sciatica of the bilateral lower extremities as secondary to her service-connected lumbar scoliosis was granted.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's service-connected disabilities render him in need of regular aid and attendance.

The Board has remanded the cases for clarification on whether the Veteran is seeking to appeal solely the rating reductions or both the rating reductions and increased ratings from 1986.

The Veteran's back disability was rated at 20 percent from April 28, 2016 to April 7, 2019. The Board denied a TDIU prior to April 8, 2019 due to insufficient evidence showing the Veteran could not secure or follow substantially gainful employment.

The Veteran's radiculopathy of the right and left lower extremities were not granted service connection prior to the dates specified.,Effective date for service connection is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

The Veteran's claims for increased ratings and service connection were remanded. The decision on the issues of increased ratings and service connection is pending.

The Veteran's TDIU claim is remanded for referral to VA's Director of Compensation for consideration of whether a TDIU on an extraschedular basis under the provisions of 38 C.F.R. § 4.16(b) is warranted prior to January 12, 2015.

The Veteran's left lower extremity radiculopathy is granted a 20 percent rating effective April 6, 2010. The right lower extremity radiculopathy remains at a 20 percent rating.

The Veteran's radiculopathy of the left lower extremity associated with mechanical low back pain is currently rated at 20 percent, effective May 28, 2009. The appeal for a higher rating prior to that date and from December 1, 2012, has been denied.

The Board has remanded the case for further examination and rating of the Veteran's thoracolumbar spine disability, right leg radiculopathy, left leg sciatica, and scar tissue. The effective date claim is denied.

The Veteran's appeals for TDIU, increased ratings for back disability, hypertension, and radiculopathy have been dismissed due to the death of the appellant during the pendency of his appeal.

The Veteran's sciatic radiculopathy and degenerative disc disease of the lumbosacral spine are granted. Service connection for sleep apnea is remanded.

The Board has remanded the case for further development, including obtaining updated VA treatment records and SSA records. A VA examination is needed to assess whether the Veteran's service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for increased ratings were denied. The appeal was also remanded for further action on some issues.

The Board has remanded several issues for further development, including service connection for bilateral hearing loss and increased ratings for lumbar spine disability and lower extremity radiculopathy. The TDIU claim is also inextricably intertwined with the other claims.

The Veteran's service connection claims for bilateral hearing loss and tinnitus have been granted. The ratings for degenerative disc disease of the lumbar spine with IVDS and right lower extremity radiculopathy were restored to 20% each, but the rating for the lumbar spine was reduced from 20% to 10%. The appeal for a higher rating for these conditions remains pending.

The Board has remanded the Veteran's claims for service connection due to inextricably intertwined issues and a need for additional medical examination.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to the need to obtain Social Security Administration records, conduct VA examinations, and determine if a TDIU is warranted.