Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disability was rated at 10 percent prior to July 19, 2017. The Board denied a higher rating.,The Veteran's right lower extremity radiculopathy of the sciatic nerve was not service-connected prior to July 19, 2017. The Board denied a compensable rating.,The Veteran's left lower extremity radiculopathy of the sciatic nerve is first documented on July 19, 2017 and thus an earlier effective date is denied.,The Veteran's right lower extremity radiculopathy of the femoral nerve is first documented on July 19, 2017 and thus an earlier effective date is denied.,The Veteran's left lower extremity radiculopathy of the femoral nerve is first documented on July 19, 2017 and thus an earlier effective date is denied.,The Veteran did not meet the criteria for a TDIU prior to July 19, 2017. The Board denied an earlier effective date.,Basic eligibility to Dependents' Educational Assistance began on July 19, 2017 and thus an earlier effective date is denied.,The Veteran's disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring an automobile or other conveyance with adaptive equipment.

The Board has remanded the Veteran's claims for increased ratings for low back disability and right lower extremity radiculopathy due to new evidence submitted since the last decision.

The Veteran's claim for an effective date prior to January 16, 2017, for PTSD was denied. The Board found that the earlier effective date of January 16, 2017 is correct.,The claims for a back disability (including ankylosing spondylosis of the thoracolumbar spine), radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity were reopened due to new evidence submitted since the final denial in July 2015.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete examinations, lack of consideration of all relevant evidence, and new evidence added since the last SSOC. The Veteran is required to provide VA treatment records, complete a VA Form 21-8940, and provide IRS tax returns.

The Veteran's PTSD is rated at 50 percent, and the Board denied an increased rating. The Veteran was also granted TDIU based on his service-connected disabilities.

The Veteran is unable to secure or maintain substantially gainful employment due to his service-connected disabilities, and the Board has granted a TDIU for the period prior to November 13, 2015.

The Board has decided to remand the Veteran's claims for increased ratings and initial evaluations for her service-connected intervertebral disc syndrome (IVDS) and left lower extremity radiculopathy with intermittent foot drop. The Veteran is required to provide information about any relevant healthcare providers, and VA must obtain all outstanding records. Additionally, a new VA examination is needed to assess the severity of these conditions.

The Board has remanded several claims due to the need for additional evidence and examinations. The Veteran's service-connected conditions, including residuals of left varicocelectomy, erectile dysfunction, back disability, and leg disabilities are being reviewed again.

The Veteran's service-connected disabilities (major depressive disorder, lumbar strain, and bilateral lower extremity radiculopathy) have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Board has decided to remand two cases: one for a higher rating of right-side sciatica and another for a compensable rating for a right distal third finger fracture. The reasons are that the most recent VA examinations were conducted in November 2012, which is more than five years ago, and new evidence or updated treatment records may be needed to determine current severity.

The Board has remanded the Veteran's claims for a higher rating for his service-connected lumbar strain with spondylosis and associated bilateral radiculopathy due to inadequate examination findings.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's claims, including VA treatment records and medical opinions regarding his lumbar spine degenerative disc disease, curved spine, bilateral lower extremity condition, COPD, and thyroid condition.

The Board denied the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy. The Board found that there was no evidence to support a direct or secondary relationship between these conditions and the Veteran's military service.

The Board has determined that there are new and material issues related to the Veteran's claims for increased ratings, propriety of a ratings reduction, and TDIU. The VA must obtain any outstanding treatment records and Social Security Administration (SSA) records before these matters can be further adjudicated.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development, including a VA examination.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to the possibility of worsening conditions, as well as the need to develop his TDIU claim in light of the increased rating claims.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for degenerative joint disease of the lumbosacral spine, higher initial rating for right lower extremity radiculopathy, and ratings for left lower extremity radiculopathies. The Veteran is also being asked to complete a VA Form 21-8940 to address his claim for TDIU.

All initial claims for increased ratings were dismissed as the Veteran requested withdrawal of his appeal. The restoration of a 50% rating for major depressive disorder was granted effective December 1, 2015. Earlier effective dates of May 22, 2014 were granted for increased ratings for lumbar spine and cervical spine disabilities.

The Veteran's service-connected disabilities have precluded her from securing and following substantially gainful employment since September 19, 2016.

The Board has granted a 20 percent disability rating for the Veteran's back disability, effective from August 21, 2019. The left leg radiculopathy is rated at 10 percent and remains unchanged.