Radiculopathy & sciatica decisions — 2023

The Veteran's diabetes mellitus and associated diabetic neuropathies are rated at 20 percent or less, and the Board has determined that additional examinations are needed to determine if higher ratings are warranted.

The Board has remanded the Veteran's claims for service connection for bilateral lower extremity disability and skin disorder due to insufficient examination reports and lack of medical opinions addressing the nature and etiology of his claimed conditions.

The Veteran's claims for increased ratings for diabetes mellitus and diabetic neuropathy of the bilateral sciatic nerves were denied. The Board found that the evidence did not warrant higher ratings for these conditions.

The Veteran's diabetes mellitus, type II, with diabetic retinopathy and erectile dysfunction is rated at 60 percent. Separate compensable ratings for erectile dysfunction are not warranted. Increased ratings for right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral vascular disease, left lower extremity peripheral vascular disease, right leg below the knee amputation (BKA), and peripheral neuropathy of both sciatic nerves are denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from June 19, 2013, to August 20, 2019. Prior to that date, the criteria for a TDIU rating were not met.

The Veteran's claim of service connection for left upper extremity radiculopathy is reopened and granted.,The Veteran's claim of service connection for a sleep disorder is reopened and granted.

The Board has remanded the claims for low back disability, left and right lower extremity radiculopathy due to inadequate VA examinations. The Veteran needs new evaluations to address the issues raised in the Joint Motion for Remand (JMR).

The Veteran's appeals for service connection for hearing loss, and initial ratings higher than 20 percent for cervical spine disorder, left shoulder disorder, right upper extremity radiculopathy, left upper extremity radiculopathy, and insomnia have been dismissed.,The Veteran's appeal for an initial rating of 50 percent, but no higher, for his service-connected insomnia has been granted.

A higher rating for the lumbar spine disorder is denied. A 40 percent rating for right lower extremity radiculopathy as of March 30, 2020, is granted.

The Board has remanded the Veteran's claims for increased ratings and service connection due to insufficient evidence or need for further examination.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board denied entitlement to a TDIU.

The Board has remanded the Veteran's claims for a rating in excess of 50 percent for service-connected Persistent Depressive Disorder (PDD) and an effective date prior to May 12, 2017. The Veteran's cervical spine disability, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, left upper extremity radiculopathy, and right upper extremity radiculopathy are also remanded for further development.

The Board has remanded the case for further development regarding increased ratings for lumbar spine disability, left and right lower extremity radiculopathy. Additional VA treatment records received in August 2022 must be referred to the AOJ.

The Veteran's claim for a restoration of a 30 percent rating for ataxia is granted, effective February 1, 2019. The issue of an initial rating in excess of 20 percent for left upper extremity radiculopathy is remanded.

An initial rating of 40 percent for service-connected lumbar spine strain from May 18, 2022 to November 10, 2022 is granted.,An initial rating in excess of 10 percent from November 11, 2022 and an initial compensable rating prior to that date for service-connected left lower extremity radiculopathy (sciatic nerve) associated with the lumbar spine disability is denied.

The Veteran's service-connected disabilities, including cervical and thoracolumbar spine conditions with associated radiculopathies, bilateral lower extremity radiculopathies, tinnitus, right elbow lateral epicondylitis, right Achilles tendonitis, left and right lower extremity varicose veins, right thumb arthritis, right ear hearing loss, hemangioma of the left scalp, left thigh meralgia paresthetica, right foot metatarsophalangeal arthritis, and right foot scar, are found to be sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. As such, a TDIU is granted.

The Veteran's radiculopathy of the right lower extremity, sciatic nerve was granted a disability rating of 20 percent, effective from the date of the decision.

The Board has determined that additional development is needed for the issues of increased evaluations for lumbosacral strain and cervical strain, as well as entitlement to a TDIU. The Veteran will be scheduled for VA examinations to evaluate his current level of severity for these disabilities.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions and records.,The Board will address the issues of entitlement to a disability rating in excess of 20 percent for back disability, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, neck disability, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Veteran's appeals for service connection on multiple conditions were dismissed due to the death of the Veteran.