Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected lumbosacral strain with degenerative spurring L1 and L2, along with associated bilateral lower extremity radiculopathy, is remanded for further evaluation. The TDIU claim is also remanded as it is inextricably intertwined with the back disability issue.

The Board has remanded the cases for further development due to inconsistencies in the examination reports and need for clarification regarding pain points during range of motion testing.

The Board has granted service connection for bilateral lower extremity radiculopathy and remanded the increased rating claim for a low back disability.

The Board denied separate ratings for bilateral upper extremity radiculopathy to include small fiber neuropathy, finding that the evidence does not support a causal relationship with service or a progression of a service-connected disability.

The Veteran's right lower extremity radiculopathy was found to be mild prior to February 3, 2022, and moderate thereafter. The claim for increased ratings is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional evidence and examination.

The Veteran is granted SMC benefits under Section 1114(o) for his service-connected disabilities and also SMC benefits at the (r)(1) rate due to need for regular aid and attendance. The issues of entitlement to SMC under Sections 1114(k), (l), and (m) are moot as they provide lesser benefits than Section 1114(o).

The Board has remanded the claims for an increased rating for radiculopathy of the right lower extremity due to intervertebral disc syndrome (IVDS). The Veteran's symptoms have been rated based on their sensory nature, and a more detailed examination is needed to clarify the severity of his condition.

The Veteran's service-connected disabilities rendered her unable to secure and maintain substantially gainful employment for the period on appeal from October 23, 2019.

The Veteran's claim for increased rating of diabetes mellitus type II with nephropathy was denied. The claims for right upper and lower extremity radiculopathy, left upper and lower extremity radiculopathy, early senile cataracts in both eyes, blepharitis, hypertensive retinopathy, and macular epiretinal membrane in the right eye were all denied.

The Veteran's sciatic nerve neuralgia of the right lower extremity was restored to a 10 percent rating since July 1, 2018.,A higher disability rating for the low back disability is denied.,Prior to July 1, 2018, a higher disability rating for the sciatic nerve neuralgia of the left lower extremity was not granted.,Since July 1, 2018, a higher disability rating for the sciatic nerve neuralgia of the right lower extremity is denied.

The Veteran's need for regular aid and attendance of another person due to his service-connected disabilities is established, leading to the grant of special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has remanded the TDIU claim due to insufficient medical evidence of record and a need for a combined-effects medical examination. The Veteran's service-connected disabilities include major depressive disorder, obstructive sleep apnea, gout, lumbar intervertebral disc syndrome, left sciatic nerve impingement, right sciatic nerve impingement, hypertension, tinnitus, left upper lip scar, right thigh scar, left posterior thorax scar, and bilateral tinea pedis. The Veteran's TDIU claim is remanded to allow for a proper examination and evaluation of his employment impact.

The Board denied earlier effective dates for the grants of service connection and ratings for various disabilities, finding that the claims were not filed before June 14, 2016.,The Veteran's claim for a TDIU was remanded.

The Veteran's service connection claims for a back disability and right lower extremity radiculopathy have been granted. Additionally, the Veteran's PTSD has been rated at 70 percent, effective from March 29, 2013.

The Veteran's bilateral lower extremity radiculopathy, with associated right buttock pain, are granted service connection. The initial disability ratings for degenerative arthritis of the thoracolumbar spine and PTSD with MDD and GAD are remanded.

The Board has remanded three issues related to the Veteran's lumbar spine disability and lower extremity radiculopathy due to new evidence indicating potential functional loss during flare-ups and medication effects.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to the receipt of additional relevant evidence after the issuance of the October 2016 and April 2017 Statements of the Case. The AOJ is instructed to consider this new evidence in its first instance.

The Veteran's claims for increased ratings were denied as his lumbar spine and right lower extremity radiculopathy conditions did not meet the criteria for a higher rating under VA regulations.

The Board has remanded the Veteran's claims due to new evidence being associated with his case and requests for a supplemental statement of the case.