Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected PTSD has precluded him from securing and following any substantially gainful occupation since January 22, 2015. The Board granted a TDIU based on the PTSD disability. Additionally, the Veteran is entitled to SMC at the housebound rate due to his combined 100 percent schedular rating for service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a right shoulder disability. The issues of entitlement to increased ratings for left shoulder disability, umbilical hernia, and left upper extremity radiculopathy are remanded for further development.

The Veteran's cervical spine disability, residuals of a fractured right clavicle, neurological disabilities of the left leg and upper extremity, headaches, and primary insomnia are all remanded for further development.,Specifically, the Veteran needs to be examined to determine the nature and etiology of these conditions.

The Board denied service connection for thromboembolic disease and dismissed the claim for lower extremity radiculopathy. The cervical radiculopathy issue is remanded.

The Board has determined that the Veteran does not have a current diagnosis of right upper extremity radiculopathy, and therefore, there is no basis for service connection.

The Veteran's sciatica of the left lower extremity is rated at 60 percent, effective from January 13, 2016. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the Veteran's claims for effective dates earlier than January 31, 2017 have been denied as there is no evidence of an earlier claim. The Board also found that the lumbar spine DDD with IVDS disability did not warrant a higher rating prior to January 31, 2017 and remanded for further examination.

The Board has decided that a VA examination is needed to determine if the Veteran's sciatica, including any radiculopathy in his bilateral lower extremities, is related to his service-connected right knee strain.

The Veteran's appeal for an earlier effective date for service connection is dismissed as moot because the earliest possible effective date, November 1, 2012, has already been granted. The Board finds no error of fact or law to consider.

The Board has remanded the cases for additional development and readjudication due to inadequate examinations in the previous rating decisions.

The Veteran's service-connected back and lower extremity disabilities rendered him unemployable from September 21, 2006 through September 15, 2008. The Board granted an extraschedular TDIU rating based on the benefit of the doubt.

The Board has denied the Veteran's claims for service connection for radiculopathy of the right and left lower extremities, finding that there is no current diagnosis of these conditions.

The Veteran's claims for increased ratings for radiculopathy of the bilateral lower extremities are being remanded due to new evidence and testimony.

The Veteran's claims for service connection for lumbar disc disease, right side and left side lumbar radiculopathy have been denied. The effective date of the awards has not been granted prior to January 17, 2007.

The Board denied service connection for a left arm disability, including shoulder and elbow disabilities. The Veteran's radiculopathy of the right upper extremity is already service-connected. The Board granted SMC based on need for aid and attendance and/or housebound status due to the Veteran's service-connected conditions. TDIU was granted effective November 2, 2012.

The Veteran's claim for a higher rating for PTSD was denied, as the symptoms do not meet the criteria for a higher rating.,The Veteran's claim for a higher rating for his lumbar spine disability was denied, as the symptoms do not meet the criteria for a higher rating.

The Veteran's service-connected disabilities render him unable to obtain or retain substantially gainful employment from December 7, 2015. The Board finds that the Veteran is entitled to TDIU from this date.

The Veteran's claims for service connection and rating for various conditions are remanded due to the need for additional medical examinations.

The Board has determined that additional development is needed for the Veteran's claims of service connection for an acquired psychiatric disorder, a low back condition, and a left leg disability (sciatica). The claims are being remanded to allow for further examination and opinion regarding these conditions.

The Veteran's sleep apnea is granted as service-connected, and he is awarded a separate 20 percent rating for his right lower extremity sciatica associated with lumbosacral strain. The Veteran's lumbosacral strain remains at a 10 percent rating.