Radiculopathy & sciatica decisions — 2019

The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded several issues related to the Veteran's right knee, hip disabilities, and sciatic nerve pain.

The Veteran's headaches, radiculopathy of the bilateral upper extremities, traumatic brain injury, lumbar spine disorder, cervical spine disorder, and radiculopathy of the bilateral lower extremities are all granted as service-connected.,Reasoning: The Board found that the Veteran experienced in-service falls and concussions which led to current disabilities. After resolving all doubt in favor of the Veteran, the Board determined these conditions are related to his military service.

The Veteran's appeal for an increased disability rating in excess of 10 percent for his service-connected chronic low back pain/strain with L5-S1 disc degeneration and herniation, status post microdiskectomy, with subjective radiculopathy is remanded. The case must be returned to the AOJ to issue a new SSOC addressing the appropriate disability ratings assigned for this issue as well as inextricably intertwined issues of bilateral lower extremity radiculopathy and lumbosacral scar.

The Veteran's service connection for cervical spine injury and radiculopathy of the right and left upper extremities is granted effective June 11, 2012. The initial ratings for these conditions remain at 20 percent.

The Board has remanded the claims for service connection for back disorder, bilateral lower extremity sciatica, sleep apnea, depression, and congestive heart failure due to a duty to assist error.

The Veteran withdrew his appeals for higher disability ratings for degenerative disc disease of the cervical spine and left upper extremity radiculopathy.

The Veteran's service-connected disabilities, including Scheuermann's Disease and bilateral lower extremity radiculopathy, rendered him unable to secure and maintain gainful employment prior to May 25, 2017. The Board granted a TDIU effective April 3, 2011.

The Veteran's service connection claims for right lower extremity radiculopathy, PTSD, and a back scar are denied. Effective dates earlier than July 20, 2013 for the awards of service connection for these conditions are also denied.

The Board has remanded the cases for further development due to concerns about the range of motion findings from previous VA examinations. The claims are inextricably intertwined with the Veteran's claim for an increased rating for his back disability.

The Veteran's sarcoidosis and osteoporosis are granted service connection.,Service connection for secondary osteoporosis is also granted. The Board has remanded the remaining issues.

The Veteran's radiculopathy of the left and right lower extremities associated with his service-connected low back strain is denied effective dates prior to September 9, 2010.,Entitlement to a TDIU based on his service-connected disabilities is also denied.

The Veteran's low back disorder was rated at 40 percent prior to November 30, 2010. The Board denied a higher rating as the evidence did not show ankylosis or incapacitating episodes.,Prior to September 4, 2018, the Veteran’s left lower extremity radiculopathy was rated at 40 percent due to moderate severe incomplete paralysis of the sciatic nerve. The rating was granted.

The Veteran's TDIU is granted since June 2015, as his service-connected disabilities have prevented him from obtaining or maintaining employment.

The Board has remanded three issues: increased ratings for PTSD, migraine headaches, and radiculopathy of the right lower extremity. The Veteran is also seeking a TDIU based on these service-connected disabilities.

The Veteran's TDIU claim is remanded due to the presence of unemployability caused by his service-connected low back disability and associated left lower extremity radiculopathy, as well as other non-service connected conditions.

The Veteran's claims for increased ratings for diabetes mellitus, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied. The Board found that the Veteran’s conditions did not meet the criteria for higher disability ratings based on the severity of his symptoms.

The Board has denied the Veteran's claims for service connection for a lumbar spine condition, radiculopathy of the lower extremities, and a psychiatric condition. The evidence does not support a nexus between these conditions and service.

The Board has granted the Veteran's claim for service connection for bilateral lower extremity radiculopathy, finding that it is due to his service-connected lumbar spondylolisthesis with degenerative disc disease.

The Board has remanded the Veteran's claims for initial evaluations in excess of 20 percent for his left shoulder disorder, back disorder, right and left lower extremity radiculopathy, and sleep apnea due to incomplete development and need for additional medical evidence.

The Veteran's death was not service-connected, but the Board has remanded for a determination on whether his service-connected conditions caused or aggravated his cause of death.