Radiculopathy & sciatica decisions — 2023

The Veteran's claim for an annual clothing allowance for Canadian Crutches in 2020 is being remanded due to insufficient explanation of the denial and conflicting evidence regarding use for a service-connected disability.

The Veteran's claims for a higher rating for lumbar spine degenerative arthritis with intervertebral disc syndrome and left lower extremity radiculopathy secondary to the same condition were denied. The Board found that the evidence did not support ratings in excess of 20 percent or 10 percent, respectively.

The Veteran's service-connected depressive disorder has rendered him unable to secure or follow substantially gainful employment, and he is granted a TDIU.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, warranting a TDIU rating.

The Veteran's claim for service connection for irritable bowel syndrome with diarrhea is granted. The claims for right lower extremity radiculopathy, left lower extremity radiculopathy, a right shoulder disorder, a left shoulder disorder, a right knee disorder, and a left knee disorder are denied. The claim for service connection for a skin disorder (dyshidrotic eczema) is remanded. The claim for service connection for an acquired psychiatric disorder is also remanded.

The Board has found the prior remand directives not substantially complied with and has ordered a new examination to address whether the Veteran's erectile dysfunction is caused or aggravated by his service-connected conditions.

The Veteran's appeal is remanded for additional development regarding service connection and rating issues. The Board finds that the evidence does not support a higher rating for left lower extremity radiculopathy, but the claims for heart disorder, prostate disorder, peripheral neuropathy of upper and lower extremities, and diabetes mellitus are all remanded due to insufficient medical opinions.

The Board has remanded several claims related to the Veteran's back disability and sciatic radiculopathy, as well as his unemployability and Dependents' Educational Assistance eligibility. The specific issues include rating adjustments for various periods of time.

The appeals of the denials for increased ratings on several conditions have been dismissed due to withdrawals by the appellant.

The Board has remanded the cases of a higher rating for right lower extremity sciatica and TDIU due to outstanding records from Naval Air Station Whidbey Island Hospital, private treatment records following a motorcycle accident, and private physical therapy records.

The Veteran's low back disability and bilateral lower extremity radiculopathy are granted as secondary to his service-connected right knee disability.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities other than panic disorder was denied. The Board found that the Veteran is not unemployable due to her service-connected disabilities other than her panic disorder.

The Veteran's lumbar spine disability is granted a 40 percent rating effective January 1, 2011. The Veteran's left lower extremity sciatica is granted a 40 percent rating thereafter.

The Veteran's hypertension is currently rated as noncompensable, and the Board denied a compensable rating.,The Veteran's PTSD with alcohol use disorder did not meet the criteria for an effective period under 38 C.F.R. § 4.29 prior to July 13, 2018, or subsequent to August 31, 2018.

The Veteran's claims for increased ratings for various conditions, including bilateral hearing loss, PFB, knee disabilities, and hip disabilities, were denied. The Board found that the medical evidence did not support higher ratings based on the criteria provided in the rating schedule.

The Veteran's claim for a higher rating for lumbosacral disability is being remanded due to an inadequate medical examination prior to the April 2019 decision. The examiner did not address the severity of flare-ups and radiculopathies, which are important factors in determining the appropriate disability rating.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants his claim for total disability based on individual unemployability.

The Veteran's initial rating for diabetes mellitus type 2 was denied, but an effective date of July 21, 2015, and special monthly compensation were granted. The Veteran's erectile dysfunction and left/right sciatic peripheral neuropathy were not rated higher than the assigned levels.

The Veteran's low back disability and lower extremity radiculopathy are currently rated at the minimum compensable level of 10 percent. The Board finds that the evidence does not support a higher rating for these conditions.

The Board has remanded the claims for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, and ratings in excess of 20 percent for radiculopathy of both lower extremities from October 17, 2016. The AOJ is to seek authorization to obtain medical records from Noran Neurology, Neurosurgical Associates, or other providers seen through the Veterans Choice Program.