Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for additional development due to the need to obtain VA treatment records and a copy of the January 2021 VA contract examination report.

The Veteran's ratings for left lower femoral nerve radiculopathy, right lower femoral nerve radiculopathy, degenerative joint disease of the lumbar spine with intervertebral disc syndrome, and right lower sciatic nerve radiculopathy were improperly reduced. The reductions are now reinstated.,The Veteran's claim for an increased rating in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is denied.

The Veteran's claim for an effective date prior to June 7, 2016, for the grant of service connection for right upper extremity radiculopathy secondary to a cervical spine disability was denied. The Board found that there is no evidence earlier than June 7, 2016, and subsequent to the last final and binding denial that reasonably can be construed as an informal claim, formal claim, or intent to file a claim for an increased rating for the cervical spine disability.

The Veteran's left knee disability received a 100% rating for one year following the December 6, 2018, total knee replacement. The right sciatic nerve disability was rated at 20%. These ratings are granted.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, resulting in a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Board has denied the Veteran's claim for service connection for lumbar degenerative disc and joint disease with lower left extremity radiculopathy, finding that there is no evidence of a nexus between his current condition and his active-duty service.

The Veteran's claim for special monthly compensation (SMC) due to being housebound was denied because he does not meet the criteria for SMC Housebound, as his disabilities do not satisfy the requirements of a single 100% service-connected disability and additional disabilities independently ratable at 60% or more.

The Board has granted effective dates of February 5, 2019 for the service connection of degenerative arthritis of the spine (claimed as low back injury), left lower radiculopathy (sciatic nerve), and right lower radiculopathy (sciatic nerve). These decisions are subject to the rules and regulations governing the payment of monetary benefits.

The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.

The Board has dismissed all AMA appeals related to service connection for tinnitus and initial disability ratings for lower extremity neuropathies as the appeal was not properly docketed under the AMA system.

The Veteran's heart disorder is rated at 60 percent from August 24, 2020 to July 12, 2021. From July 12, 2021 to April 7, 2022, the Veteran meets criteria for a TDIU based on multiple service-connected disabilities.

The Board denied the Veteran's requests for earlier effective dates for service connection and higher ratings, finding that an earlier effective date is not warranted based on the September 1, 2022 intent to file form received by VA.

The Board has remanded the claims for service connection for lower back disability and bilateral radiculopathies as secondary to a back disability due to outstanding records and need for additional medical opinions.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Veteran's claims for prostate hypertrophy, gastrointestinal disorder, kidney stones, skin disorders, pseudogout, anemia, osteoarthritis, lumbar spine disorder, RLE sciatica, LLE sciatica, and erectile dysfunction have been dismissed as the Veteran withdrew his appeals. Service connection has been granted for coronary artery disease and hypertension on a presumptive basis due to exposure in Guam or its territorial waters from January 9, 1962, through July 31, 1980.

The Veteran's persistent depressive disorder, lumbar spine DDD, left lower extremity radiculopathy, right lower extremity radiculopathy, and IBS have been granted increased ratings. Service connection for residuals of frostbite has been remanded.

The Veteran's TDIU claim is denied, and the increased rating for lumbar strain and service connection for lumbar degenerative disc disease with disc protrusion and central canal narrowing with sciatica are both remanded.

The Veteran's service-connected degenerative arthritis of the spine, left and right lower extremity radiculopathy, and left foot fracture are all rated at their maximum levels. The Board has remanded these issues for further development.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a lack of prior formal or informal claims filed before April 24, 2018.

The Board has remanded several issues including increased ratings for various service-connected conditions and a TDIU claim due to the submission of additional evidence after an SSOC was issued.