Radiculopathy & sciatica decisions — 2023

The Board has decided to remand the case due to insufficient notice and clarification of reasons for denial, as well as legal adequacy issues. The Veteran's eligibility for PCAFC benefits will be reconsidered under appropriate criteria.

The appeal as to entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.,Service connection for adjustment disorder with mixed anxiety and depressed mood prior to February 5, 2023, is granted. The Veteran's current psychiatric disability is proximately due to or the result of a service-connected disability.,Service connection for gastrointestinal reflux disease (GERD) is granted. The Veteran's GERD had its onset during service.,An initial 20 percent rating for left upper extremity radiculopathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,An initial 10 percent rating for right upper extremity peripheral neuropathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,A separate 20 percent rating for right knee instability is granted. The Veteran has experienced symptoms most nearly approximating moderate right knee instability.

The appeal for an earlier effective date for service connection of radiculopathy in the left lower extremity has been withdrawn by the appellant.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error, requiring clarification of the March 2020 VA medical opinion and potential need for an in-person examination.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, but he received an increased rating of 40 percent effective January 4, 2021.,He also received separate ratings of 20 percent for right and left lumbar radiculopathy involving the sciatic nerve and femoral nerve, respectively.

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

The Board has remanded the case due to the need for additional records and further examination. The Veteran's lumbar spine disability, left and right lower extremity radiculopathy are still under appeal.

The Veteran's bilateral hearing loss is currently rated at 20 percent, and the Board finds no basis to increase this rating. The issues of PTSD with depression, anxiety, and alcohol use disorder, hypertension, degenerative disc disease with sciatica, TDIU prior to May 28, 2010, and special monthly compensation based on need for aid and attendance or housebound status are all remanded for further development.

The Board denied the Veteran's claims for service connection for left and right upper extremity radiculopathy, finding that there was no evidence of a nexus between these conditions and his military service or any service-connected disability.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records and examinations.

The Veteran's claim for a rating in excess of 40 percent for his low back disability is denied.,The Veteran's claim for a disability rating of 40 percent, but no greater, for left lower extremity radiculopathy is granted.,The Veteran's claim for service connection for right lower extremity radiculopathy is granted.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his low back disability and radiculopathy of the lower extremities. The Veteran will be scheduled for additional examinations to address the severity of these conditions.

The Veteran's service-connected disabilities, including right hip osteoarthritis, left knee degenerative joint disease, left knee instability, and right knee osteoarthritis, render him unable to secure or follow substantially gainful employment. The Board has granted entitlement to a total disability evaluation based on individual unemployability (TDIU).

The Veteran's service-connected disabilities necessitated his need for regular aid and assistance of another individual, leading to a grant of special monthly compensation (SMC) based on aid and attendance.

The Veteran's initial compensable rating for left knee scars was denied.,The Veteran's claim for an increased rating for left lower extremity radiculopathy is remanded.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on the appeal, including entitlement to increased ratings for diabetic neuropathy of the right and left lower extremities affecting the sciatic and femoral nerves.

Service connection for tinnitus, back impairment, right lower extremity radiculopathy, left knee impairment, and right knee impairment has been granted.,Service connection for diabetes and heart impairment has also been granted.

The Board has denied service connection for bilateral hearing loss and remanded the claims of radiculopathy, left leg and right leg, as well as tinnitus. The Veteran's claims are being returned to VA for further development.

The Veteran's lumbar spine disability is currently rated at 40 percent, which does not meet the criteria for a higher rating. The ratings for right and left lower extremity radiculopathy are also denied.

The Veteran's right lower extremity peripheral neuropathy and radiculopathy were not rated as compensable prior to February 27, 2008.,From February 27, 2008, the Veteran's right lower extremity peripheral neuropathy and radiculopathy were rated at a maximum of 20 percent.