Radiculopathy & sciatica decisions — 2019

The Board has remanded the claims for service connection for back disorder, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to duty-to-assist errors. A new examination is required.

The Veteran's appeals for earlier effective dates were denied as the evidence did not show that he met the regulatory criteria for a higher rating prior to May 30, 2017.

The Board has remanded the Veteran's claims for service connection for lumbosacral spine disability and bilateral lower extremity disability, including lumbar radiculopathy, to include as secondary to service-connected bilateral foot disability. The VA examinations were inadequate in addressing all of the requested information.

The claim for service connection for sleep apnea is reopened and granted. The claims for severance of service connection for IVDS, related radiculopathies, and erectile dysfunction are also granted.

The Veteran's claims for increased ratings for lumbosacral strain and right lumbar radiculopathy are being remanded due to the need for additional VA examinations to assess current severity.

The appeal was dismissed due to the appellant's death, and no service connection decision could be made.

The Board has determined that the Veteran's claims for an earlier effective date and a higher initial rating for his service-connected RLE radiculopathy require additional development, including obtaining VA treatment records and scheduling a new examination.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy rendered him unable to secure or follow any substantially gainful occupation prior to September 4, 2015.

The Board has denied the Veteran's claims for service connection for low back disability, right peroneal neuropathy, right foot drop, and radiculopathy of the right lower extremity as these conditions are not linked to active service.

The Veteran's temporary total rating for convalescence post-surgery for herniated nucleus pulposus L5-S1 of the lumbar spine is granted from December 14, 2015 to January 26, 2016.,A rating higher than 40 percent for herniated nucleus pulposus L5-S1 of the lumbar spine across the appeal period is denied.,The Veteran's incomplete paralysis of the sciatic nerve in the right lower extremity associated with the lumbar spine disability is rated at 40 percent from June 11, 2019.

The Board has granted service connection for the Veteran's thoracolumbar spine disability, including arthritis, degenerative disc disease (DDD), radiculopathy, and spondylosis. The decision is based on continuity of symptomatology since service.

The Board has granted service connection for cervical spine and thoracic lumbar spine degenerative disc disease, but denied service connection for left hip condition, left upper extremity radiculopathy secondary to cervical spine, right upper extremity radiculopathy secondary to cervical spine, left shoulder impingement syndrome with arthritis, left knee osteoarthritis and degenerative joint disease, and right knee osteoarthritis and degenerative joint disease.

The Veteran's claim for service connection was previously denied in August 2009. New evidence has been submitted that raises a reasonable possibility of substantiating the claim, thus reopening it. The case is remanded to determine if service connection should be granted.

The Veteran's claims for increased ratings and TDIU prior to March 12, 2015 are being remanded due to the need for new VA examinations to assess the current severity of his service-connected disabilities.

The Veteran's claim for service connection for a stomach disability was previously denied, but reopened and denied again due to lack of new and material evidence. The radiculopathy of the right lower extremity is rated at 20 percent.,The Veteran's claims for increased ratings on his residual painful scar, linear scar (secondary to service-connected condition), and healed fracture right malleolus are all remanded.

The Veteran's TDIU is granted as of June 17, 2016 due to marginal employment. Prior to that date, his income was above the poverty level and he had been employed full-time.

The Veteran's service-connected disabilities prevented her from securing or following a substantially gainful occupation due to her mental and physical impairments.

The Veteran withdrew her appeal for increased ratings and effective dates related to lower extremity radiculopathy and intervertebral disc syndrome of the lumbar spine.

The Veteran's TDIU claim is granted as his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's initial ratings for left and right lower extremity radiculopathies, lumbar spine spondylosis and degenerative disc disease, as well as his ankle disabilities, chronic fatigue syndrome, gastrointestinal symptoms, dysphagia, GERD, headache disorder, heart disorder, high blood pressure, muscle and joint pain, neurological disorder, and acquired psychiatric disorder are all denied. The Veteran's claims for increased ratings and service connection are remanded.