Radiculopathy & sciatica decisions — 2023

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has remanded several issues related to the Veteran's disabilities, including right hip disability, left hip disability, PTSD, radiculopathy of the upper extremities, rotator cuff tendonitis strain of the shoulder, bilateral feet disabilities, neck disability, back disability, sciatica of the lower extremities, and wrist and ankle disabilities.

The Board has remanded several issues related to the Veteran's service-connected degenerative arthritis of the lumbar spine, bilateral lower extremity radiculopathy, and associated neurological manifestations due to inadequate discussion in the January 2021 decision. The remand also includes adjudication of TDIU, DEA, and SMC issues.

The Veteran's back disability, right and left sciatic nerve radiculopathy were granted a rating of 40 percent for the entire period on appeal prior to October 17, 2019.

The Veteran was granted a TDIU for the period from June 21, 2007 to July 31, 2018 due to his service-connected disabilities. The claim for a TDIU from July 31, 2018 is dismissed as moot because he is now in receipt of a 100% combined disability rating.

The Board has granted service connection for diabetes mellitus II and related conditions, as well as SMC based on loss of use of a creative organ. The effective dates are set at March 11, 2022.

The Veteran's bilateral glaucoma is rated at 10 percent, effective November 30, 2021. The Board denied a higher rating.,Diabetes mellitus type II remains rated at 40 percent, effective November 30, 2021. The Veteran was granted a 20 percent rating for peripheral neuropathy of the left lower extremity (sciatic nerve) and right lower extremity (sciatic nerve).,The Veteran's diabetic nephropathy is rated at 30 percent, effective November 30, 2021. The Veteran was granted a 20 percent rating for peripheral neuropathy of the left lower extremity (sciatic nerve) and right lower extremity (sciatic nerve).,Erectile dysfunction remains noncompensable.,The Veteran's erectile dysfunction is rated at 30 percent, effective November 30, 2021. The Veteran was granted a 20 percent rating for peripheral neuropathy of the left lower extremity (sciatic nerve) and right lower extremity (sciatic nerve).

The Board has decided to remand the case due to inadequate examination and failure of duty to assist, specifically regarding the Veteran's ability to work due to his service-connected disabilities. The case will be returned for further evaluation.

The Veteran's appeal for a higher rating and earlier effective date for left lower extremity sciatic nerve radiculopathy was dismissed because the March 2023 rating decision implemented the Board's March 2023 grant without independently resolving any issue.

The Veteran's claims for left lower extremity peripheral neuropathy of the sciatic nerve, left lower extremity peripheral neuropathy of the femoral nerve, and right lower extremity peripheral neuropathy of the sciatic nerve were granted by the Board in October 2018 with effective dates set at March 11, 2010.,The Veteran's claims for an earlier effective date for these service connection grants have been denied.

The Veteran has withdrawn his appeal for service connection for pes planus and plantar fasciitis, lumbosacral strain with degenerative arthritis of the spine and spinal stenosis, and radiculopathy of the right and left lower extremities.

The Board has granted service connection for radiculopathy of the bilateral lower extremities, but denied service connection for chronic pain and an acquired mental disorder.

The Board has granted service connection for lumbar spine stenosis, cervical spine stenosis, bilateral lower extremity radiculopathy, and bilateral foot drop. The conditions are deemed to be related to the Veteran's in-service injuries due to playing football and carrying heavy equipment.

The Board has remanded the claims for service connection due to conflicting findings and deficiencies in the examination reports. Further VA examinations are needed to determine the nature of any identified lumbar spine and knee disabilities, their relationship to active service, and whether they are related to or aggravated by other service-connected conditions.

The Veteran's cervical spondylosis, right shoulder rotator cuff tendonitis, left shoulder rotator cuff tendonitis, right upper extremity radiculopathy, and erectile dysfunction are all granted service connection.,The Veteran's GERD is granted an increased rating to 30 percent.

The Board has granted the Veteran's claim for service connection for radiculopathy of the right lower extremity as secondary to his service-connected degenerative arthritis of the lumbar spine. The claim for TDIU is also granted.

The Board denied referral for extraschedular TDIU prior to July 14, 2012 due to insufficient evidence showing the Veteran was unemployable because of his service-connected disabilities.

The Board has remanded the claims for service connection due to insufficient opinions in previous VA examinations.

The Board has granted service connection for tinnitus and remanded the issues of hearing loss and lower extremity radiculopathy as secondary to a back disability.

The Veteran's claim for a higher rating for left upper extremity cervical radiculopathy prior to August 24, 2022 was granted. The claim for a higher rating after that date remains denied.

The Board has remanded several issues related to the Veteran's service-connected lumbar spine, left foot, and hip disabilities due to the need for additional examinations and development of his employment history.