Radiculopathy & sciatica decisions — 2023

The Veteran's claims for increased ratings were denied. The Board upheld the RO's decisions regarding right knee degenerative joint disease, lumbar spondylosis, and sciatic nerve radiculopathy from September 24, 2021 onwards. However, separate 20 percent disability ratings were granted for femoral nerve radiculopathy (both lower extremities) effective September 24, 2021.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and evaluations.

Service connection for sleep apnea was denied.,Radiculopathy of the right and left lower extremities were granted with a rating of 20 percent, but no higher.

The Board has remanded the cases for further development and readjudication.

The Board has granted service connection for bilateral lower extremity radiculopathy (sciatic nerve involvement) as secondary to a service-connected degenerative arthritis and spinal stenosis of the lumbar spine. The issues regarding neck/cervical spine disability and right knee disability are remanded.

The Veteran's claims for increased ratings for post residuals hemi-laminectomy and radiculopathy, left lower extremity were denied as the evidence did not show symptoms that would warrant a higher rating under VA regulations.

The Veteran's initial requests for increased ratings for his service-connected lower extremity radiculopathy of the femoral and sciatic nerves were denied. The Veteran was granted separate 10 percent ratings for each common peroneal nerve from October 26, 2019.,No specific rating or effective date is provided in this decision.

The Board denied increased ratings for the Veteran's service-connected left and right lower extremity radiculopathies, finding that the evidence did not support a rating in excess of 20 percent.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity disabilities are being remanded due to inconsistencies in the examination report. A new VA examination is needed to address the current nature and severity of his disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examination. The effective date claim is also being remanded as it is inextricably intertwined with the other issues.

The Veteran's appeal is remanded for further examination and opinion regarding his service-connected radiculopathy of the left upper extremity, as well as a determination on his claim for individual unemployability due to his disabilities.

The Veteran's special monthly compensation based on the need for aid and attendance has been granted, effective from his death in December 2021.

The Veteran's initial claim for a higher rating for his back disability was denied prior to May 4, 2016. After that date, he received a 40% rating effective January 10, 2023.,For left lower extremity radiculopathy, the Veteran received a 10% rating prior to January 2, 2015 and a 20% rating after January 2, 2015. A higher rating is denied for both periods.

The Veteran was granted an extraschedular TDIU from January 12, 2017 to January 18, 2018 due to his service-connected disabilities. Prior to this period, the criteria for TDIU were not met.

The Board has determined that the Veteran's claim for an increased rating for his right knee disability and service connection for radiculopathy of the left lower extremity should be remanded due to the need for additional examinations and evaluations.

The Veteran's service-connected PTSD alone supports an award of total disability rating based on unemployability due to service-connected disability, and his other service-connected disabilities combined exceed a 60% rating. Therefore, SMC under 38 U.S.C. § 1114(s) is granted for the purpose of accrued benefits.

The Board has remanded the claims for additional development due to inadequate development in obtaining private treatment records from Dr. J.E.L., Dr. E, and other providers.

The Board has granted service connection for bilateral knee disability. However, the issues of service connection for cranial nerve paralysis and bilateral upper extremity radiculopathy are remanded due to procedural errors.

The Board has determined that the Veteran's cause of death, cerebrovascular disease (stroke), was related to his service-connected diabetes mellitus and/or cancer malignancy. The appeal is granted.