Radiculopathy & sciatica decisions — 2019

The Board has reopened the Veteran's claim for service connection for migraine headaches and granted his claims for service connection for lumbar spine degenerative arthritis and right lower extremity radiculopathy. However, the effective dates for these grants are denied as they are without legal merit. The remaining issues of increased ratings for lumbar spine and right lower extremity radiculopathy are remanded for further development.

The Veteran's PTSD is rated at 70 percent effective July 28, 2015. The rating remains denied for an initial rating in excess of 50 percent prior to that date.

The Veteran's OSA is granted as service-connected, effective from the date of his separation from active duty.,A 10 percent disability rating for sciatica is granted, effective January 13, 2011. The low back condition remains at a 10 percent rating.,Service connection for the Veteran's low back condition is granted with an earlier effective date of January 1, 2009.

The Veteran's PTSD is currently rated at 50 percent, which is the maximum rating available under the criteria. The ratings for his lumbar spine disability and sciatica of the right leg are both denied as they do not meet the required criteria for higher ratings.

The Veteran's claim for higher ratings for her service-connected low back disability and radiculopathy of the lower extremities was denied. The current evaluations are found to be appropriate.,The Veteran’s physical impairments do not warrant a rating more than 20 percent for her chronic low back strain, as there is no evidence of ankylosis or incapacitating episodes.

The Veteran's service-connected low back, bilateral radiculopathy, and bilateral knee disabilities are causing him to require regular aid and assistance. The case is being remanded for a VA examination to determine the current severity of these conditions.

The Board has remanded the case due to the need for an adequate VA medical opinion regarding the etiology of the Veteran's neck disability.

The Board has remanded the cases for further development and examination as there is insufficient evidence to make a determination on the claims.

The Veteran's low back disability is rated at 40 percent, which is the maximum rating for limitation of motion. The right sciatic nerve impairment does not meet the criteria for a higher rating.

The Veteran's back disability is rated at 20 percent, and his radiculopathy of the right lower extremity is rated at 10 percent. The case is remanded for further evaluation.

The Board has remanded the case for an addendum medical opinion to address both direct and secondary service connection for the Veteran's neck disorder.

The Board has dismissed all claims of service connection due to the death of the appellant.

The Veteran's service-connected degenerative disc disease of the lumbar spine, left and right lower extremity radiculopathy, and depression have been granted increased ratings. The Veteran has also been awarded a total disability rating based on individual unemployability.,No specific exposure basis was provided for any condition.

The Board has determined that the Veteran's service connection claims for left femoral and sciatic nerve disabilities, as well as an acquired psychiatric disorder are granted. The decision is based on evidence showing a link between these conditions and the Veteran's military service.

The Board has remanded the Veteran's claims for neck disability, radiculopathy of the bilateral lower extremities, and peripheral neuropathy of the bilateral upper extremities to obtain additional medical opinions regarding causation and aggravation by service-connected low back disability.

The VA denied the Veteran's claim because they had to recoup his separation pay, which was deducted from his disability compensation benefits.

The Veteran's claims for bladder dysfunction, effective date prior to March 19, 2013, and TDIU prior to March 17, 2016 are being remanded due to the need for additional examinations and development.

The Board has decided to remand the case due to issues related to an earlier effective date for service connection and separate ratings for back and left lower extremity radiculopathy, including a claim of clear and unmistakable error (CUE) in a previous rating decision.

The Board has determined that the Veteran's claims for earlier effective dates for awards of service connection for DDD of the lumbar spine and associated bilateral lower extremity radiculopathy are not warranted. The issues of entitlement to increased ratings for radiculopathy of the bilateral lower extremities and TDIU are inextricably intertwined and must be remanded.

The Veteran's claims for increased ratings for low back strain and associated radiculopathy were denied as her symptoms do not meet the criteria for a higher rating under VA regulations.