Radiculopathy & sciatica decisions — 2022

The Board has decided that the Veteran's claims of entitlement to service connection for sciatica and migraines need more evidence, so they are being sent back for further examination.

The Veteran's combined service-connected disabilities render him unable to secure and maintain substantially gainful employment, but the Board is unable to determine whether this is due to his service-connected conditions or other factors. The case is remanded for further review.

The Veteran's claims for increased ratings are being remanded due to the need for new examinations and evaluations of his service-connected disabilities. The issues include painful scars, torn meniscus, left knee strain with limitation of flexion, left knee strain with limitation of extension, radiculopathy of the sciatic nerve, right lower extremity, radiculopathy of the sciatic nerve, left lower extremity, and degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion.

The Board has remanded the case for further examination and evaluation to determine if the Veteran is entitled to special monthly compensation based on aid and attendance or housebound status from July 12, 2011 to January 29, 2019, and whether TBI alone warrants such benefits.

The Veteran's combined service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Board has dismissed the appeal regarding increased ratings for a low back disability and right and left lower extremity radiculopathy, as well as separate compensable ratings for bowel and bladder impairment. The issues were previously remanded by the Board but have now been withdrawn by the appellant's representative.

The Board's decision is vacated due to a denial of due process, and the Veteran is granted an opportunity to submit additional evidence.

The Board has granted service connection for the Veteran's low back disability and right lower extremity radiculopathy, finding that these conditions are aggravated by his service-connected right hand disabilities.

The Veteran's left foot disability is rated as noncompensable prior to September 3, 2015, and 10 percent disabling therefrom. The Veteran contends that her disability warrants higher ratings than currently assigned.,The Veteran has a left lower extremity radiculopathy that is rated as 10 percent disabling prior to October 8, 2019, and 20 percent disabling therefrom. The Veteran contends that her disability warrants higher ratings than currently assigned.

The Board denied the Veteran's claims for service connection for right and left upper extremity radiculopathy, finding that there is no evidence of a current disability related to his active-duty service.

The Veteran's appeal for increased ratings for his service-connected lumbar spine disability and related lower extremity radiculopathy issues has been denied. The Board found that the evidence did not support a higher rating than 20 percent prior to December 23, 2021, and higher than 40 percent thereafter.

The Veteran's appeals for higher ratings for his service-connected back disability and right lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating higher than 10 percent prior to March 14, 2022, or higher than 20 percent thereafter.

The Veteran's service-connected PTSD, lumbar spine disorder, and radiculopathy do not meet the criteria for a TDIU on an extraschedular basis.

The Board has ordered the VA to obtain additional private treatment records from Tricare Prime and any other relevant records. The Veteran's claims for higher disability ratings are being remanded for further development.

The Veteran's MDD is found to be secondary to his service-connected PTSD, and the claim for service connection of MDD is granted. The Veteran's back disability (claimed as lumbar radiculopathy) is also granted due to its being related to his service-connected PTSD.

The Veteran's lumbar strain and associated radiculopathy were found to not warrant a rating in excess of 20 percent for the period from May 27, 2016, to February 3, 2022. Separate ratings of 10 percent each were granted for radiculopathy affecting both lower extremities.

The Board has denied an initial rating in excess of 30 percent for coronary artery disease with revascularization and ischemic heart disease (heart disorder). The claims for right femoral nerve neuropathy, left femoral nerve neuropathy, right sciatic nerve neuropathy, and left sciatic nerve neuropathy are all remanded due to the need for further development.

The Board has granted the Veteran's claims for service connection for his back disability and right and left lower extremity radiculopathy, finding that these conditions are proximately due to his service-connected foot and hip disabilities.

The Veteran's claim for increased ratings for his service-connected right lower extremity radiculopathy, sciatic nerve was denied. Prior to February 2, 2022, the rating remained at 10 percent. After February 2, 2022, it was rated at 20 percent.

The Veteran's service-connected disabilities, including unspecified depressive disorder, degenerative disc disease of the lumbar spine, left ankle degenerative arthritis, bilateral lower extremity sciatic radiculopathy, bilateral knee degenerative joint disease, and right ankle strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these service-connected disabilities.