Radiculopathy & sciatica decisions — 2023

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as there was no evidence showing she was unable to secure or maintain substantially gainful employment due to her service-connected disabilities.

The Veteran withdrew his appeals regarding the right upper extremity radiculopathy and cervical spine issues, thus dismissing these claims.

The Veteran withdrew his appeals for service connection for right foot sciatic nerve neuritis with associated foot drop, Peyronie disease and erectile dysfunction, special monthly compensation based on loss of use, special monthly compensation based on the need for regular aid and attendance of another or being housebound, and a certificate for financial assistance in the purchase of an automobile or adaptive equipment.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional development, including obtaining missing VA treatment records and conducting examinations to assess current disability severity.

The Veteran's service-connected degenerative disc disease of the lumbar spine and bilateral radiculopathy have been granted effective May 2, 2005.,Effective November 1, 2006, the Veteran is entitled to a TDIU due to his service-connected disabilities.

The appeal for service connection for anxiety disorder, major depressive disorder, and psychosis for the purpose of establishing eligibility to treatment under 38 U.S.C. § 1702 was dismissed as they were rendered moot by the grant of service connection for persistent depressive disorder with anxious distress in a September 2023 rating decision. The appeal for sleep apnea, right lower extremity radiculopathy (sciatic and femoral), and left lower extremity radiculopathy (sciatic and femoral) was granted with effective dates starting from January 6, 2021.

The Board has decided to remand two issues: service connection for a back disability and service connection for a disability affecting the left-hand fingers. The Veteran's preexisting low back condition is presumed sound upon entry, but there is uncertainty about whether it was aggravated by service. For the left-hand fingers, there are questions regarding which digits are affected and if any current conditions can be linked to in-service injuries.

The Board has dismissed the appeals for increased ratings for sciatic radiculopathy of both lower extremities and degenerative arthritis of the lumbar spine, as the Veteran withdrew his appeals in a hearing before the Board.

The Veteran's appeals for increased ratings were denied. The Board found the severity, frequency, and duration of his PTSD symptoms did not meet the criteria for a 100 percent rating. For IBS, he was already receiving the highest schedular rating available under DC 7319. RLE radiculopathy and LLE radiculopathy were rated at 20% each, with no evidence of more than moderate incomplete paralysis.

The Veteran's appeals for various conditions and ratings are being remanded due to the submission of new evidence or requests for substitution.

The Veteran's claims for increased ratings have been granted, with specific ratings assigned for various conditions.,Service connection has also been established for certain conditions.

The Board has determined that there are outstanding private and VA treatment records related to the Veteran's bilateral pes planus, right foot calcaneal spur, cervical strain with degenerative disc disease, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity. The case is being remanded for further development.

The Veteran's claims for increased ratings were denied. The left upper extremity radiculopathy and right upper extremity radiculopathy are rated at 30 percent and 20/40 percent, respectively, with cervical degenerative disc and joint disease rated at 20/30 percent.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection. This includes obtaining medical records and conducting VA examinations to determine the nature and etiology of any sleep disorder, right hand and wrist disorder, bilateral hip disorder, right lower extremity radiculopathy, and ulcers.

The Veteran's claims for service connection for various peripheral neuropathies and multiple myeloma are denied as the effective date cannot be earlier than August 10, 2022 due to the PACT Act.

The Veteran's service-connected disabilities have rendered her helpless as to need regular aid and attendance of another person, warranting SMC based on aid and attendance from April 21, 2021.

The Board dismissed the Veteran's appeals for increased ratings for right and left total knee replacements, but granted SMC based on a need for regular aid and attendance due to his service-connected disabilities.

The Veteran's intervertebral disc syndrome, sciatic radiculopathy of the left lower extremity, and sciatic radiculopathy of the right lower extremity have been granted increased ratings to 40 percent each.

The Board denied the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. The Board found no evidence of a chronic condition in service or within one year post-service that was related to an injury or disease. The Board also determined there was insufficient evidence to support a secondary service connection claim.

The Veteran's lumbosacral radiculopathy of the left lower extremity is granted a 20% rating, effective February 7, 2012. The Veteran's surgical scar of the lumbosacral spine is granted a 10% rating on and after September 19, 2019. The reduction in the rating for lumbosacral degenerative disc and joint disease from 20% to 10% is restored.