Radiculopathy & sciatica decisions — 2019

The Board denied the motion to revise or reverse the July 2014 rating decision that assigned an effective date of February 4, 2014, for the award of a separate rating for lumbar radiculopathy of the right lower extremity on the basis of clear and unmistakable error (CUE).

The Board has determined that the Veteran's service-connected disabilities have increased in severity since her last VA examination, and she is therefore required to undergo new examinations to determine the current severity of her conditions.

The Board has determined that the Veteran's service-connected disabilities, particularly her lower back and bilateral hip conditions, render her unable to secure or maintain substantially gainful employment. As a result, TDIU is granted.

The Veteran's claim for an increased rating for lumbar radiculopathy of the right lower extremity was denied, and his TDIU claim was granted.

The Board has remanded the claims for neck, right arm, left shoulder, and left arm disabilities due to insufficient evidence in the record.

The Board has remanded the case for further development to determine if a current cervical disorder, including radiculopathy, is related to active duty service. The Veteran's claim for residuals of a left shoulder and upper arm injury remains denied.

The Board has remanded two issues related to effective dates for TDIU and Dependents' Educational Assistance. The Veteran's appeal is considered timely, but the claims are being referred to the Director of Compensation Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's service-connected disabilities have made it impossible for him to obtain or retain substantially gainful employment throughout the appeal period.

The Board denied the Veteran's claim for TDIU in April 2014, and later granted it with an effective date of February 20, 2015. The Veteran requested an earlier effective date, but the Board found no legal entitlement to such.

The claim of entitlement to service connection for sciatica, left lower extremity, is remanded due to the need for verification of active duty and inactive duty training dates. A new VA examination is also required to determine if the condition was incurred in or caused by a period of service.

The Veteran's right-side hemiparesis was caused by a surgical complication during VA care, resulting in the grant of compensation under 38 U.S.C. § 1151.

The Veteran's appeals for an initial rating in excess of 10 percent for service-connected radiculopathy of the right lower extremity and for an effective date earlier than June 11, 2014, were dismissed.

The Board found that the overpayment of $25,032.83 was properly created due to the Veteran's incarceration for a felony conviction and denied his appeal.

The Board has granted service connection for left knee degenerative arthritis status post meniscectomy, left lower extremity radiculopathy, and lumbosacral strain with degenerative joint disease. As these claims have been resolved in favor of the Veteran, they are no longer under appeal.

The Veteran's acquired psychiatric disorder is not related to service and was not shown until many years after service. Service connection for this condition is denied.,Radiculopathy of the left leg with sciatic nerve involvement does not meet the criteria for a rating in excess of 10 percent at all times during the pendency of the appeal, as it more nearly equates to mild incomplete paralysis.

A 40 percent rating for low back disability is granted, effective January 7, 2019.,A separate 10 percent rating for radiculopathy of the right lower extremity is granted, effective January 4, 2019.

The Veteran's claimed back disability was not incurred in or aggravated by service, and arthritis may not be presumed to have been incurred therein.

Your previously reduced ratings for right lower extremity and left lower extremity radiculopathy have been restored to 20 percent effective August 1, 2017.

The Veteran's hypertension is not service-connected as it did not manifest within one year of separation from service.,Chronic sinusitis has been characterized by chronic congestion with tenderness over the frontal sinus and occasional sinus headaches. The Veteran had no incapacitating or non-incapacitating episodes in the past 12 months.

The Veteran's appeal for special monthly compensation based on the need for aid and attendance is dismissed. The Board grants a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities including an unspecified depressive disorder with anxious distress, lumbosacral strain and degenerative arthritis, and radiculopathy of the left and right lower extremities.