Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but his claim is referred to the Director of Compensation Service for consideration of an extraschedular rating.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and evaluations.

The Veteran's radiculopathy of the left lower extremity is granted a rating of 40 percent effective November 15, 2017. The Veteran’s chronic lumbar strain remains rated at 40 percent.

The Veteran's claims for earlier effective date and increased ratings were granted. The Veteran received a 20% rating for his radiculopathy of the right upper extremity from February 1, 2016 to May 29, 2018, and for his left upper extremity from February 1, 2016 to May 29, 2018. The Veteran's claims for ratings in excess of 20% were denied.

The Board denied the Veteran's claims for clothing allowances related to topical cream, TENS unit, and knee braces used for service-connected conditions. The decision was based on the lack of evidence supporting these claims under VA regulations.

The Veteran's claims for service connection have been reopened, with the exception of cervical hyperlordosis. The new evidence submitted supports reopening of the claims for tingling and numbness of the upper extremities and pharyngitis.,Ratings in excess of 10 percent are denied for sciatica of the right lower extremity and radiculopathy of the left lower extremity.

The Board denied service connection for low back disability, bilateral hearing loss, and obstructive sleep apnea. Service connection was granted for bilateral hearing loss. The Board also denied service connection for left leg sciatica.

The Board has remanded the Veteran's claims for increased ratings and service connection due to new evidence or changes in her disability status.

The Veteran withdrew his appeals regarding earlier effective dates for right and left lower extremity radiculopathy, increased ratings for these conditions, and TDIU prior to August 26, 2009.

The appeals for service connection for diabetes and a cardiac disorder are dismissed. Service connection for sleep apnea is granted, but the Veteran's TDIU appeal remains pending.

The Board has remanded the case for a new VA examination to determine the current severity of the Veteran's service-connected low back disability. The effective date claim for radiculopathy is denied.

The Board denied the Veteran's claims of service connection for low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and right shoulder disability due to a lack of credible evidence supporting these conditions as being related to military service.

The Veteran's back condition is currently rated at 10 percent, but the evidence does not support a higher rating due to limited range of motion and no incapacitating episodes in the past year.,The left lower extremity radiculopathy is currently rated at 10 percent, with mild incomplete paralysis. The evidence does not support a higher rating.

The Board granted service connection for bilateral lower extremity radiculopathy effective from August 27, 2004.

The Veteran's left facial pain and swelling are granted as service-connected. The rating for right lower extremity radiculopathy is denied, but the Veteran receives a separate 10 percent rating from October 7, 2008 to August 23, 2009. Headaches receive a 50 percent rating since October 7, 2008. PTSD remains at 70 percent and residuals of traumatic brain injury are granted with varying ratings based on the period.

The Board has denied service connection for a right wrist disability, granted service connection for a lumbar spine disability, and denied service connection for a right ankle disability and LLE radiculopathy. The case is remanded to obtain an opinion on the etiology of RLE radiculopathy.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations to assess the severity of his service-connected low back disability and associated radiculopathies.

The claims for service connection for lumbar radiculopathy into the right and left legs, as secondary to service-connected low back disability are granted.,The claims for service connection for a right hip disability and a left hip strain, both as secondary to service-connected low back disability, are remanded.

The Veteran's right and left lower extremity sciatica do not result in symptoms not contemplated by the applicable rating criteria, thus initial ratings in excess of 10 percent are denied.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted TDIU.