Radiculopathy & sciatica Board decisions

The Board has awarded entitlement to a schedular TDIU and is remanding the issue of entitlement to an extraschedular TDIU prior to November 16, 2015. The AOJ should also furnish an SSOC to the Veteran and his representative.

The Board denied the Veteran's claims for SMC based on need for regular aid and attendance, compensation under 38 U.S.C. § 1151 for back disability, bilateral foot disability, and leg disability due to lack of evidence showing he is in need of regular aid and attendance or permanently bedridden.

The Board denied an earlier effective date for the award of SMC at the 'L' rate based on the need for regular aid and attendance, finding that it was not factually ascertainable that the Veteran met the criteria before December 22, 2015.

The Veteran's peripheral neuropathy of the right and left lower extremities (sciatic nerve) is currently rated at 10 percent each, with separate ratings for the femoral nerves. The appeals are denied as the disability does not warrant a higher rating.

The Veteran's claim for a rating in excess of 60 percent for his lumbar spine disability was denied. He also received initial compensable evaluations for his cervical laminectomy fusion scar and L1-L4 decompression scar.

The Veteran's former attorney, J.S., is eligible for attorney fees based on the past-due benefits awarded in the January 2021 rating decision. However, the Board lacks jurisdiction to consider the issue of reasonableness of these fees as it must first go through a motion to the Office of General Counsel (OGC).

The Board denied the Veteran's claims for service connection for various conditions due to lack of new and relevant evidence.

The Veteran's service-connected right lower extremity radiculopathy and sciatic compression/lumbosacral plexopathy have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and unreadable medical documentation. The AOJ is instructed to verify her periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA), obtain any missing personnel records, and provide the Veteran another opportunity to submit additional medical evidence.

The Veteran's sciatica of the left leg is rated at 20 percent, but does not meet the criteria for a higher rating.,Service connection claims for an acquired psychiatric disorder (including PTSD and major depressive disorder), a left ankle disability, and a right leg disability (including right knee and right hip) are remanded due to incomplete information in the Veteran's service records.,The Veteran's left ankle disability and right leg disability (including right knee and right hip) remain unresolved as there is insufficient evidence regarding their etiology.

The Veteran's left lower extremity radiculopathy affecting the sciatic nerve was granted a disability rating of 40 percent from August 30, 2018 to May 24, 2021. The other conditions were denied.

The Board has remanded the cases for further development and an addendum medical opinion to determine if the Veteran's service-connected lumbar spine disability warrants a higher rating.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) is denied. The Board found that the Veteran did not meet the criteria for TDIU due to his service-connected disabilities, as they did not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a higher rating for bilateral lower extremity radiculopathy effective June 17, 2021.,Prior to May 18, 2021, the Veteran did not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).,Beginning May 18, 2021, the Veteran was granted TDIU status.

The Veteran's claim for an increased rating for left leg radiculopathy and spondylolisthesis, as well as his TDIU from October 31, 2012, is granted. The claim for a compensable rating for scar status post spinal fusion remains pending.

The Veteran's appeals for service connection of anemia, erectile dysfunction, and compensable rating for surgical scars were granted. The reduction in ratings for lumbar radiculopathy was found to be improper and restored.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person.

The Veteran's right knee disability is rated as 30 percent prior to March 15, 2010 and as 60 percent from March 15, 2010 to August 9, 2015. The low back disability is rated as 40 percent as of October 21, 2020. A separate rating of 20 percent for right lower extremity radiculopathy is granted as of October 21, 2020.

The Board denied the Veteran's claims of service connection for low back disability, left hip disability, right hip disability, and bilateral lower extremity sciatica due to a lack of evidence showing these conditions were incurred during active duty service.

The Veteran's pericarditis was granted a 60 percent evaluation as of August 5, 2011.,For the lumbar condition, the Veteran received a 20 percent rating effective April 28, 2015. The claim for an increased rating prior to this date is denied.