Radiculopathy & sciatica decisions — 2023

The Board has granted service connection for lumbar radiculopathy of the right lower extremity as secondary to her service-connected back condition, but remanded other issues including a rating in excess of 20 percent for scoliosis with recurrent lumbar strain and entitlement to separate ratings for left lower extremity conditions.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.,His cervical spine disability, right upper extremity radiculopathy, and bilateral knee disabilities preclude him from performing the physical activities of his past work.

The Board has determined that the Veteran's claims for service connection for myofascial pain syndrome, right shoulder disability, left hip disability, and left sciatic nerve disability require further development due to the need for medical opinions regarding their etiology.

The Board has remanded the Veteran's claims for service connection due to incomplete records and inadequate examinations. The claims include knee injuries, sciatic nerve disorders, and a left Achilles tendon disability.

The Board has determined that the Veteran's service-connected disabilities have not precluded him from securing or following a substantially gainful occupation, thus denying his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's headache disability is granted a 10 percent rating effective April 24, 2023. The neck disability and upper extremity radiculopathy disabilities are each granted an additional 10 percent rating effective September 6, 2022.

The Veteran's voiding dysfunction, bilateral lower extremity radiculopathy, and erectile dysfunction are granted effective from December 4, 2003, November 10, 2003, and October 11, 2007 respectively.,TDIU is denied as the earliest evidence of a TDIU due to service-connected disabilities was June 11, 2008.

The Veteran's left lower extremity radiculopathy was rated at 10% prior to January 6, 2017 and granted a 40% rating from January 6, 2017 to August 6, 2018. Since then, she is rated at 60%. Her right lower extremity radiculopathy was initially rated at 10%, denied since August 7, 2018.

The Veteran's bilateral lower extremity sciatic nerve disabilities are each rated at 20 percent, and the claim for a higher rating is denied.,Separate 10 percent ratings for the bilateral peripheral neuropathy of the femoral nerve were granted in March 2016, effective November 30, 2015.

The Board has determined that additional evidence was received after the last decision and remanded for consideration. The Veteran's claims of service connection, rating increases, effective dates, and total disability ratings are being returned to the AOJ for review.

The Board granted a separate rating of 20 percent for the Veteran's right upper extremity radiculopathy as of June 3, 2019. The effective date was set at September 25, 2018.

The Veteran's service-connected PTSD prevents him from securing and following substantially gainful employment, meeting the criteria for a TDIU. Additionally, his additional service-connected disabilities meet the requirements for SMC under 38 U.S.C. § 1114(s)(1).

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations.,A total disability based upon individual unemployability is also being remanded.

The Veteran's claims for service connection related to diabetes mellitus, neuropathy affecting the lower extremities and sciatic nerve were denied. The appeal is not about service connection at all.

The Board has remanded the case due to outstanding private treatment records and a need for clarification regarding the appellant's claimed cervical radiculopathy, headaches, and tinnitus. The issues of service connection remain pending.

The Veteran's appeals for increased ratings for bilateral sciatic nerve and IVDS have been dismissed. The appeal for TDIU is remanded.

The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance of another person throughout the period on appeal, warranting SMC based on the need for aid and attendance.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and missing records. The back disability claim is remanded, as are the foot condition and radiculopathy claims which are inextricably intertwined with the back disability claim.

The Board has granted the Veteran's claim for specially adapted housing and restored his disability ratings for left knee instability and right knee instability. The decision is based on the Veteran's service-connected disabilities that preclude locomotion due to multiple orthopedic and neurological conditions.

The Veteran's service-connected disabilities do not render him unemployable, as he is still working and has provided no evidence of unemployment.