Radiculopathy & sciatica decisions — 2022

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy are being remanded due to incomplete records. The VA must obtain all relevant medical records, including those from June 21, 2016, through December 17, 2020, and any outstanding private treatment records.

The Veteran's claims for an increased rating for right lower extremity radiculopathy and TDIU due to service-connected disabilities from April 8, 2019 are being remanded for additional development. The Veteran is required to provide authorization for VA to obtain his private treatment records and any relevant VA treatment records stored in Vista Imaging. He should also be scheduled for a VA examination to assess the severity of his right lower extremity radiculopathy and any associated manifestations, including a sleep disorder.

The Board has restored a 20 percent disability rating for the service-connected left leg radiculopathy, effective June 1, 2016. The reduction from 20 percent to noncompensable was not proper due to lack of material improvement in the Veteran's symptoms.

The Veteran's cervical spondylosis and back disability did not have their onset in service, did not manifest as arthritis within one year of discharge, and are not otherwise causally related to service. Service connection is therefore denied.

The Board has restored the original ratings of 30% for cervical spine disability and 60% for left upper extremity radiculopathy, as these reductions did not reflect actual improvement in the Veteran's ability to function under ordinary conditions.

The Board has denied service connection for diabetes mellitus, type II. The Veteran's claims for higher ratings for CAD and lumbar spine disability are remanded due to the need for additional examinations.

The Board has remanded the claims for a neck disability, left upper extremity radiculopathy, left shoulder disorder, and left elbow disorder due to their inextricable link with the service connection claim for a neck disability. The VA will obtain additional medical records and provide an opinion on whether these conditions are related to service.

The Veteran's appeal for earlier effective dates and increased ratings has been granted.,The issues of service connection, increased ratings, and earlier effective dates have been remanded.

The Veteran's radiculopathy of the left and right lower extremities are currently rated at 20 percent each, which is the maximum schedular rating available.,The Veteran's lumbar spine condition is also currently rated at 20 percent.

The Board has decided to remand the Veteran's claim for an initial disability evaluation in excess of 10 percent for lumbosacral strain due to insufficient examination findings and a lack of recent treatment records.

The Board has remanded the claims for lumbar arthritis and left leg radiculopathy as secondary to lumbar arthritis due to incomplete information about the Veteran's service dates. The VA is instructed to obtain any outstanding treatment records and provide a new medical opinion regarding the etiology of the Veteran's lumbar arthritis.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for higher disability evaluations and TDIU. This includes obtaining VA treatment records, scheduling additional examinations, and reviewing all evidence added since the last Supplemental Statement of the Case.

The Board denied service connection for residuals of frostbite of the feet and granted service connection for lumbosacral strain with degenerative arthritis of the spine. The Veteran does not have current residuals of frostbite on his feet, but has a current back disability that began in-service.

The Veteran's service-connected disabilities render him unable to secure and maintain a substantially gainful occupation, warranting referral for extraschedular consideration.

The Veteran's radiculopathy of the left lower extremity is rated at 20% from November 19, 2019 to April 27, 2020 and at 40% from April 27, 2020. The radiculopathy of the right lower extremity is also rated at 40% since April 27, 2020.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the evidence does not support a higher rating.,Prior to October 28, 2014, the Veteran's radiculopathy of the right and left lower extremities (sciatic nerves) was characterized as mild. Since then, it has been characterized as moderate.

The Board has previously remanded the case for new VA medical opinions, but there has not been substantial compliance. The matter is being remanded again to obtain a new VA medical opinion by a different provider.

The Board has dismissed all the issues related to service connection and rating for various conditions, including dental condition, inguinal hernia repair, MRSA, lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The appeal is dismissed due to the death of the appellant.

The Veteran's radiculopathy of the right and left lower extremities are granted as secondary to his service-connected chronic low back strain with degenerative disc disease.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which grants SMC based on the need for aid and attendance. As a result, there is no question left to decide regarding entitlement to SMC by reason of being housebound.