Radiculopathy & sciatica Board decisions

The Veteran's increased ratings for service-connected intervertebral disc syndrome (IVDS) with degenerative disc disease status-post discectomy of the lumbar spine and associated left lower extremity radiculopathy of the sciatic nerve are denied as it is not factually ascertainable that an increase in severity occurred within one year prior to April 17, 2020.

The Board has remanded the claims for service connection for lumbar spine condition, sciatica of the bilateral lower extremities, and bilateral hips due to outstanding VA records. The Veteran's treatment records from Fayetteville VAMC need to be re-associated with the claims file.

The Veteran's right lower extremity radiculopathy of the femoral nerve and sciatic nerve is granted with initial evaluations of 30% and 40%, respectively. The left lower extremity radiculopathy of the sciatic nerve remains denied.

The Veteran's appeal for a higher initial rating for tinnitus was dismissed. The Board also remanded her claims for bilateral hearing loss, degenerative arthritis of the lumbar spine, right lower extremity radiculopathy, and TDIU.

The Veteran's hypertension is not service-connected and the Board finds it was not caused by or aggravated by his low back disability.,His radiculopathy of the right lower extremity and left lower extremity are both rated at 20 percent, as per the appeal period.

The Veteran meets the schedular percentage requirements for a TDIU due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.

The Board has decided to remand the claims for right knee strain, radiculopathy of the left lower extremity (radiculopathy), and left foot pes planus due to inadequate medical opinions regarding their etiology. The Veteran's service treatment records do not indicate a complaint or diagnosis of these conditions during service. A VA examination is needed to determine if there is a relationship between the current diagnoses and service.

The Veteran's claims for increased ratings for left and right sciatic nerve radiculopathy were denied as the evidence did not warrant an initial rating in excess of 10 percent.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective October 11, 2020. The TDIU award is based on the combined effects of her service-connected disabilities and their impact on her ability to maintain employment.

The Board has decided to remand the case due to a duty-to-assist error, requiring further examination and opinion regarding the etiology of the Veteran's Obstructive Sleep Apnea (OSA) and whether it is related to his service-connected disabilities.

The Veteran's initial and subsequent claims for increased ratings for his back condition, LLE radiculopathy, and RLE radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from March 12, 2014, to October 28, 2019.

The Board has granted service connection for degenerative disc disease of the lumbar spine, bilateral lower extremity radiculopathy, left hip osteoarthritis, and right hip osteoarthritis as secondary to the Veteran's service-connected right knee condition.,Service connection has also been granted for liver condition (to include NASH), sleep apnea, and diabetes mellitus, type II, all secondary to his service-connected musculoskeletal disabilities.

The Veteran's degenerative arthritis, lumbosacral strain with IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy are all rated at 10 percent. The appeal is denied as the conditions do not warrant a higher rating.

The Veteran's appeals for earlier effective dates and increased ratings have been withdrawn. The Board has dismissed all related claims.

The Board has remanded several claims, including service connection for various conditions and an increased rating for right shoulder disability. The Veteran's appeal is currently under review.

The Veteran's claim for erectile dysfunction was granted effective March 17, 2016.,The Veteran's claim for lumbar spine disability was denied prior to September 28, 2017.,The Veteran's claim for left lower extremity peripheral neuropathy and radiculopathy was denied prior to February 23, 2016.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate due to his inability to dress, undress himself, keep himself clean and presentable, require frequent adjustment of prosthetic appliances, feed himself, attend to the wants of nature, or have an incapacity requiring assistance from others.

The Veteran's claims for service connection for diabetes mellitus, bilateral upper and lower extremity peripheral neuropathy, diabetic retinopathy, and SMC based on loss of use of a creative organ are granted with an effective date of November 26, 2013.

The Veteran's PTSD is rated at 50 percent, and the appeal for an increased rating is denied. The Veteran's degenerative osteoarthritis and degenerative disc disease of the lumbar spine, radiculopathy, right lower extremity, diabetic nephropathy chronic kidney disease, right great toe bunion and gout, and TDIU are all granted.

The Board has granted service connection for radiculopathy of the left and right lower extremity sciatic nerve as secondary to service-connected lumbar disability, and for left knee strain. The Veteran's claims are remanded for additional examinations and opinions regarding chronic fatigue with memory loss (CFS) and right knee disability.