Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU on an extraschedular basis.

The Veteran's application to reopen the claim of service connection for a back condition is granted. The Board has remanded several issues related to his knee disabilities and lumbar spine disability.

The Board denied the Veteran's surviving spouse's claim for special monthly compensation based on being housebound or needing regular aid and attendance due to her physical limitations, as she was able to drive, shop, and perform daily tasks without assistance.

The Veteran's appeal for higher ratings and an earlier effective date for service-connected conditions related to his back disability were denied.,Specifically, the Veteran was not granted a rating in excess of 40 percent for his back disability, separate ratings above 10 percent for neurological abnormalities of the right lower extremity, or an effective date prior to September 24, 2010.

The Board dismissed all the claims due to the death of the Veteran.

The Veteran's appeal includes claims for increased ratings and an effective date prior to May 31, 2011 for sciatica of the left lower extremity. The reduction in rating for DDD of the lumbar spine from 20% to 10% was granted. Claims for higher ratings for various knee disabilities are also addressed.

The Board has remanded several issues for further development and review, including service connection claims for various conditions. The initial compensable rating claim for GERD was denied as the Veteran's symptoms did not meet the criteria for a higher rating.

The Veteran's appeals for service connection and increased rating claims have been withdrawn. The Board dismissed the appeals due to the Veteran's withdrawal of his claims.

The Board has remanded the claims for service connection due to inadequate examination and incomplete STRs. The Veteran's STRs from his time in Germany need to be obtained, and an addendum opinion is required.

The Board has remanded the claims for increased rating, service connection for twisted back, and right arm injury due to insufficient medical opinions regarding whether the Veteran's conditions are related to his service-connected Meniere’s disease.

The Veteran's TDIU claim is granted with an effective date of July 1, 2009.

The Board denied service connection for the Veteran's claimed low back, neck, right shoulder, left leg radiculopathy, and right leg radiculopathy disabilities. The evidence did not establish a nexus between these conditions and service.

The Veteran's service-connected disabilities, including arthritis, disc disease, knee pain, thoracolumbar spine condition, and radiculopathy of the left lower extremity, have rendered him unemployable since February 13, 2013. His combined disability rating was sufficient to meet the schedular requirement for TDIU.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation from October 25, 2016 to September 28, 2017. TDIU is granted for this period. The issue of service connection for dizziness/vertigo as a residual of a traumatic brain injury (TBI) is remanded.

The Veteran's lumbar spine disability is rated at 40 percent from November 14, 2008 to present. The TDIU claim for the period from May 14, 2001 to September 1, 2008 was denied. A separate compensable rating for urinary incontinence is remanded.

The Veteran's radiculopathy of the right lower extremity associated with lumbar spine DDD/IVDS is rated at 60 percent throughout the period on appeal, and entitlement to a TDIU effective November 23, 2009 is granted.

The Board denied the Veteran's claim for service connection for right lower extremity lumbar radiculopathy, secondary to his service-connected lumbosacral strain. The decision found that there was no current diagnosis of right lower extremity lumbar radiculopathy and that it is less likely than not related to his service-connected condition.

The Board has remanded the case due to the need for updated VA examinations and a review of the Veteran's service-connected disabilities, including bilateral hip disabilities, lower extremity radiculopathy, low back disability, bilateral knee disabilities, ankle disability, and bilateral hearing loss/tinnitus. The Veteran is not entitled to TDIU at this time as more current evidence is needed.

The Veteran's disability ratings for radiculopathy of the left and right femoral nerves have been restored to 20 percent effective March 1, 2015.