Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete records and need for additional medical opinions.

The Veteran's claim for increased ratings for peripheral neuropathy of the left lower sciatic and anterior crural nerves is being remanded due to unclear nature and severity of his symptoms, including hip and thigh pain.

The Veteran's appeal for service connection for a right leg condition is dismissed as his claim has been resolved by the grant of service connection for right lower extremity radiculopathy. The appeals for bilateral heel disability and major depressive disorder are remanded.

The Veteran's claims for increased ratings and benefits are remanded due to the need for additional examinations and evaluations.

The Board has remanded the claims for increased ratings and TDIU due to scheduling issues, and requests additional documentation. The low back disability claim is being considered up to May 8, 2019.

The Veteran's service-connected neck disability and associated left upper extremity radiculopathy do not meet the requirements for a TDIU as his combined rating is less than 60%.

The Veteran's herniated nucleus pulposus and lumbar facet syndrome are not rated higher than 40 percent due to lack of ankylosis or IVDS with incapacitating episodes.,For the period prior to June 7, 2018, the Veteran’s sciatic nerve radiculopathy is rated at 20 percent. For the period following June 7, 2018, it remains rated at 20 percent.

The Veteran's lumbar disc syndrome and sciatic neuropathy were denied increased ratings, with the exception of a separate 10 percent rating for radiculopathy in both lower extremities as of January 24, 2014.

The Board has remanded the claims for a rating in excess of 40 percent for a lumbar spine disability, a rating in excess of 20 percent for right lower extremity radiculopathy, and a rating in excess of 10 percent for left lower extremity radiculopathy. The TDIU claim is also remanded.

The Veteran's TDIU claim was granted effective March 29, 2004 on an extraschedular basis due to his inability to work since October 2000.

The Board has remanded the Veteran's claim for a low back disability, including as secondary to service-connected bilateral knee disabilities. The case is being returned for further development and an addendum medical opinion.

The Veteran's service-connected left ankle and low back disabilities prevented him from obtaining and maintaining substantially gainful employment prior to June 12, 2015. The Board has granted TDIU on an extraschedular basis for this period.

The Veteran's lumbar spine DDD, right and left lower extremity radiculopathies are all granted with specific ratings. The lumbar spine DDD is rated at 40% from May 26, 2011 to January 31, 2019, and the right and left lower extremity radiculopathies are each rated at 40% from May 7, 2018.

The Board has remanded the claims for increased ratings for right and left upper extremity radiculopathy due to inextricable interdependence with the cervical spine disability claim. The effective date of SMC based on need for aid and attendance (A&A) of the Veteran's spouse is granted as May 11, 2012.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance, as his need for assistance stems primarily from his non-service-connected cyclical vomiting syndrome.

The Veteran's claim for service connection for obesity is denied as a matter of law. The Board also remanded several other claims related to the Veteran's right knee, gastrointestinal condition, psychiatric disorder, low back condition, radiculopathy, chronic sinusitis, and headaches.

The Board has remanded several issues related to the Veteran's claims for service connection, including respiratory and sleep disorders, left shoulder disorder, neck spasms and radiculopathy, right knee disorder, left knee disorder, and heat edema of the right lower extremity. The remand includes obtaining VA treatment records, scheduling a DRO hearing, and requesting expert opinions on the nature and etiology of these conditions.

The Veteran's initial evaluations for left and right lower extremity radiculopathy have been granted at 40% and 20%, respectively. The claim for compensation under 38 U.S.C. § 1151 for failure to diagnose cardiomyopathy has been denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the appeal for an increased rating is denied.

The Board has determined that the NODs received on August 23, 2017 were timely for all issues except PTSD. The claims are being remanded to allow the AOJ to issue a statement of the case (SOC) for those issues.