Radiculopathy & sciatica decisions — 2023

The Veteran's cervical radiculopathy and myelopathy with myoclonic jerk of the left upper extremity is currently rated at 40 percent, effective June 1, 2023. The Board denied an increased rating for this condition.

The Veteran is granted a TDIU and DEA benefits effective March 7, 2012. The Board finds the earlier effective dates for these benefits are not warranted due to lack of evidence showing he was unable to secure or follow substantially gainful employment prior to that date.

The Veteran's left lower extremity sciatic neuropathy is currently rated at 20 percent since July 12, 2011.,Since November 16, 2022, the Veteran's left lower extremity femoral nerve neuropathy is rated at 10 percent.

The Board has determined that the Veteran's lumbar spine disability and RLE radiculopathy require further examination to determine their current severity, as well as a review of his medical records for any relevant treatment. The TDIU claim is also remanded due to its inextricability with the rating claims.

The Veteran's intervertebral disc syndrome and lumbosacral strain were granted service connection. The issues of left lower extremity radiculopathy and right lower extremity radiculopathy are remanded for further examination.

The Board has found that there has not been substantial compliance with its remand orders and thus, the Veteran's claims for increased ratings for lumbar degenerative disc (DDD) and bilateral lower extremity radiculopathy are being remanded due to a lack of examination. Additionally, the TDIU claim is also being remanded as it is inextricably intertwined with the back and radicular symptoms issues.

The Veteran's claims for increased ratings and service connection were remanded. The initial rating for back impairment was granted from April 9, 2015 to October 11, 2019 at a 20 percent rating, and from October 12, 2019 onwards at a 40 percent rating. Ratings for left and right lower extremity radiculopathy were also granted. The Veteran's claims for service connection for urinary impairment as secondary to back impairment and sleep impairment not a symptom of psychiatric impairment as secondary to back impairment are still pending.

The Board denied service connection for vertigo and denied initial evaluations in excess of 10 percent for left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right lower extremity radiculopathy. The appeal of sleep apnea was dismissed.

The Board has denied the Veteran's requests for earlier effective dates for the grants of service connection for a lumbar spine disability and bilateral lower extremity radiculopathy of the sciatic nerve, finding that the earliest date of claim is January 15, 2013.

The Board has remanded the case due to a need for a new VA medical opinion regarding the onset of right lower extremity radiculopathy prior to October 26, 2020. The Veteran's claim is also remanded because VA was unable to obtain private treatment records from Dr. B.B.

The Veteran was granted a TDIU for the period from July 24, 2012 to July 9, 2017 due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation. The claim is moot as of July 10, 2017 when he received a 100% disability rating for ischemic heart disease.

The Veteran's claims for effective dates prior to July 1, 2019, for the grants of service connection and ratings for his lower extremity radiculopathy involving the sciatic and femoral nerves have been denied. The evidence does not show any formal claim or communication that can be interpreted as a claim of entitlement to these benefits prior to July 1, 2019.

The Board has remanded the claims for low back disability, left and right lower extremity neurological disabilities, tremors affecting hands, and erectile dysfunction due to in-service exposure during Hurricane Beulah cleanup efforts. Additional medical opinions are needed regarding service connection and potential toxic exposures.

The Veteran's service-connected disabilities, including PTSD, degenerative joint disease of the lumbar spine, bilateral lower extremity radiculopathy, and gastritis, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's cervical spine degenerative arthritis is rated at 10 percent, as the combined range of motion was not less than 170 degrees.,The Veteran's left lower extremity sciatica is rated at 10 percent, as it did not result in more than mild incomplete paralysis.,The Veteran's hypertension is rated at 10 percent, as diastolic pressure was not predominantly 100 or more and systolic pressure was not predominantly 160 or more.

The Veteran's bilateral femoral and sciatic radiculopathy was associated with his service-connected low back condition for the entirety of the relevant time period, and therefore, the claims for earlier effective dates are granted.

The Veteran's service-connected disabilities have not rendered him unable to care for his daily personal needs without assistance from others, or unable to protect himself from the hazards and dangers of daily living on a regular basis. Therefore, entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance is denied.

The Veteran's appeals for service connection for right and left lower radiculopathy have been dismissed due to the Veteran withdrawing her appeal in September 2022.

The Board denied service connection for bilateral hearing loss, tinnitus, and some other conditions due to lack of evidence linking these disabilities to service.

The Veteran's claims for service connection for various conditions have been dismissed as the Veteran withdrew his appeal for these issues prior to a decision being made.