Radiculopathy & sciatica decisions — 2023

The Board has remanded the Veteran's claims for further development due to inadequate medical opinions. The Veteran is seeking service connection for a right knee disability and low back strain with lumbar radiculopathy.

The Veteran's appeal is remanded for additional examinations and opinions to determine the severity of his service-connected disabilities, including right wrist condition with degenerative arthritis, bilateral knee conditions (patellofemoral pain syndrome with degenerative arthritis), left knee condition with degenerative arthritis, degenerative arthritis of the spine, right lower extremity femoral nerve radiculopathy associated with degenerative arthritis of the spine, and left lower extremity femoral nerve radiculopathy associated with degenerative arthritis of the spine. Additionally, a VA examination is required to determine if his depression disorder is secondary to service-connected disabilities.

The Board has determined that the Veteran's back and right lower extremity radiculopathy conditions have worsened since their last VA examinations, and therefore remanded for further evaluation.

The Board has remanded the cases for issuance of a Statement of the Case addressing whether increased ratings are warranted for the Veteran's left and right lower extremity sciatic nerve peripheral neuropathy.

The Veteran's service-connected disabilities, including bilateral knee replacements and lower extremity neuropathies, have resulted in the loss of use of both lower extremities. This has been determined to preclude locomotion without regular and constant use of assistive devices such as braces, a cane, and a walker. As a result, eligibility for specially adapted housing is granted. However, this legally precludes a separate special home adaptation grant.

The Veteran withdrew his appeals, and the Board dismissed all issues due to lack of allegations of error in the determinations.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to July 6, 2011, finding that her education and employment history did not indicate she was unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination reports and failure to comply with prior remand directives.

The Board has remanded the Veteran's claims for increased ratings due to failure of VA examinations, and instructed that he be contacted regarding his intention to attend these needed examinations.

The Veteran's lumbar spine disability was granted a 40 percent rating, effective prior to January 23, 2020.,The Veteran's left lower extremity radiculopathy was granted an initial 40 percent rating.

The Veteran's allergic rhinitis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,Both lower extremity sciatic nerve impairments are currently rated at 10 percent, with no evidence of moderate symptoms. The Board does not find any basis for granting a higher rating.

The Board has remanded the case due to deficiencies in the previous examination report, specifically regarding the etiology of the Veteran's low back disability. The claim will be further evaluated with an updated medical opinion.

The Veteran's back disability and radiculopathy of the left lower extremity were granted service connection, but a rating in excess of 40 percent for the back disability prior to October 10, 2022 was denied. The effective date for the 20 percent rating for radiculopathy of the left lower extremity is set at June 30, 2022.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent, effective from February 7, 2023. His bilateral radiculopathy of the lower extremities has been granted service connection as secondary to his thoracolumbar spine disability.

The Board has determined that additional evidence has been added to the record since the last review by the AOJ. The claims for service connection are being remanded for further consideration.

The Board has partially granted a 70 percent rating for major depressive disorder, but the Veteran's symptoms may warrant a higher evaluation. The VA must obtain and consider additional private treatment records related to his back and radiculopathy issues.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that there was no ascertainable increase in disability during the one-year period prior to her December 13, 2017, filing.

The Veteran's service-connected left lower extremity neuropathy and urinary retention have rendered him in need of regular aid and attendance, which is required for SMC at the (l) rate.

The Board has granted the appellant's claim for service connection for a gastrointestinal disability, to include constipation. The remaining issues are remanded for further development and consideration.

The Veteran's TDIU claim is granted, and the Board remanded several of his service-connected disability ratings for further development.