Radiculopathy & sciatica decisions — 2020

The Veteran's claim for a compensable initial rating for allergic rhinitis was denied.,Effective dates of October 3, 2011 were granted for the service connection of radiculopathy of the right and left lower extremities.,The claims for increased ratings for lumbar spine discogenic disease, cervical strain, and bilateral lower extremity radiculopathy are being remanded.

The Board has remanded the claims for service connection due to insufficient evidence, specifically workman's compensation records. The Veteran is asked to provide information regarding his work-related injury and any benefits received.

Service connection is granted for tinnitus, sciatica of the bilateral lower extremities, anxiety and depression, and low back disability. Service connection for bilateral hearing loss and a right arm condition is denied.,The Veteran's current conditions are found to be related to his service-connected disabilities.

The Board has dismissed all claims as the Veteran died during the appeal process.

The Board has remanded the issues of entitlement to initial disability ratings in excess of 20 percent for lumbar strain with lumbar degenerative arthritis and 10 percent for left lower extremity radiculopathy due to inadequate prior VA examination.

The Board denied reopening the claim for a neck disorder and denied TDIU, finding that new evidence did not raise a reasonable possibility of substantiating the claim. The Veteran's service-connected disabilities preclude him from obtaining and maintaining gainful employment.

The Veteran's service-connected right and left lower extremity sciatic and femoral peripheral neuropathy are being remanded for further evaluation due to increased symptoms.

The Veteran's lumbar spine disability is rated at 20 percent prior to December 3, 2013 and the Board finds that a higher rating is not warranted.,From December 3, 2013, the Veteran's claim for an evaluation in excess of 20 percent for his lumbar spine disability was denied. A separate 10 percent rating for left lower extremity radiculopathy associated with the service-connected lumbar spine disability is granted.

The Board denied the Veteran's claims for service connection for various disabilities, including a lumbar spine disability, right shoulder disability, bilateral foot disability, left-sided numbness and radiculopathy, right-sided numbness and radiculopathy, and erectile dysfunction. The Board found no credible evidence of in-service injury or manifestation of these conditions.

The Veteran is found to be unemployable due to his service-connected disabilities, which include sleep apnea, lumbar and cervical spine conditions, shoulder issues, and a history of heavy physical labor. The Board granted the TDIU based on these factors.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining private treatment records and affording her with a VA examination.

The Veteran's claim for service connection for a thoracolumbar spine disability, right knee strain, and left knee strain has been granted. The claims for increased ratings for the knees have been remanded.

The Veteran's back disability is rated at 20 percent, and the claim for a higher rating is denied. The TDIU claim is granted.

The Board has remanded the claims for service connection for neuropathy/radiculopathy of the left and right upper extremities as secondary to service-connected back disability due to incomplete development in a previous SSOC.

The Veteran is granted special monthly compensation based on the need for regular aid and attendance of another person due to service-connected disabilities.,The Veteran's daughter, K.J., is granted helpless child benefits on the basis of permanent incapacity for self-support before attaining the age of 18.

The Veteran's left lower extremity radiculopathy was granted a 20 percent rating, effective April 23, 2009. The appeal is granted to this extent.

The Veteran's irritable bowel syndrome and hypertension are currently rated at the maximum allowed under VA guidelines, with no further increase in rating possible.,Compensation for Total Disability based on Individual Unemployability (TDIU) is granted beginning June 15, 2018. The Veteran’s service-connected disabilities prevented him from performing the physical and mental acts required for employment.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, left and right lower extremity radiculopathy, and cervical spine conditions, render him unable to secure or follow a substantially gainful occupation. A total disability rating due to individual unemployability (TDIU) is granted.

The Veteran has withdrawn his appeals for an initial rating in excess of 10 percent for left and right lower extremity radiculopathy and total disability based on individual unemployability (TDIU).

The Veteran's claims for increased ratings of bilateral pes planus and plantar fasciitis, degenerative disc disease and spondylosis of the thoracolumbar spine, arthritis of the left knee, radiculopathy of the sciatic nerve of the lower extremities, and residual scarring from salivary gland surgery have all been denied. The effective dates for service connection grants are also denied.