Radiculopathy & sciatica decisions — 2020

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

The Veteran's service connection for right lower leg radiculopathy is granted as secondary to his service-connected back disability. The extension of the temporary total evaluation beyond May 1, 2017 for the Veteran’s degenerative arthritis, lumbar spine with spinal stenosis status post decompressive laminectomy and medial facetectomy is denied.

The Board has remanded the case for further proceedings, including obtaining new examinations to assess the current severity of the Veteran's lumbar spine myositis and associated neurologic complications, as well as determining whether he requires aid and attendance or suffers from loss of use of a creative organ.

The Board has remanded both claims for additional development due to inadequate previous examinations and the need for updated treatment records.

The Board has remanded the Veteran's claims for an effective date earlier than September 2, 2015 for TDIU and basic eligibility for education benefits under Chapter 35 (DEA). The cases are being referred to the Director of Compensation Service for consideration of whether TDIU is warranted on an extraschedular basis. Additional development may be needed based on new evidence.

The Veteran's radiculopathy of the left upper extremity is granted as secondary to his service-connected cervical strain. His cervical and lumbar strains are each rated at 10 percent prior to July 1, 2016.

The Veteran's initial evaluations for nummular eczema and left lower extremity radiculopathy were denied. The Veteran was granted a higher evaluation of 20 percent for his left lower extremity radiculopathy beginning on November 14, 2016.

The Board has remanded the Veteran's claims for initial compensable ratings for various service-connected disabilities, including back disability, left lower extremity radiculopathy, right knee patellar chondromalacia, and erectile dysfunction. The claims are being returned to the AOJ for further evaluation.

The Board denied the Veteran's claims for service connection for left and right lower extremity radiculopathy secondary to his service-connected lumbar spine disability.

The Veteran's back disability is rated at 40 percent from December 7, 2015. A 20 percent rating for right lower extremity radiculopathy is granted from June 1, 2015.

The Veteran's service-connected disabilities, including Degenerative Disc Disease (DDD) and spinal stenosis, have rendered him unable to meet most of his daily personal needs without regular aid and attendance from another individual. The Board granted special monthly compensation based on the need for aid and attendance due to the Veteran's physical limitations.

The Veteran's service-connected disabilities, including degenerative disc disease with degenerative joint disease, spinal stenosis, radiculopathy of the lower extremities, osteoarthritis of the hips and knees, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for hypertension, diabetes mellitus, type II, bilateral upper and lower extremity neuropathy and radiculopathy due to lack of evidence showing onset during or within one year after active duty service.,Service connection was not granted as the Veteran's conditions are considered chronic diseases under 38 C.F.R. § 3.309(a), but there is no evidence of their manifestation within a year of separation from service.

The Veteran's claims for service connection for right lower leg radiculopathy and numbness, left lower leg radiculopathy and numbness, as well as his claim for a TDIU are all denied. The reduction of the rating for lumbar spine disability from 40% to 20% is restored.

The Board has granted service connection for a back disability and radiculopathy of the left lower extremity, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service.

The Board has remanded the claims for entitlement to higher disability ratings for lumbosacral strain with arthritis and intervertebral disc syndrome, right lower extremity radiculopathy, and left lower extremity radiculopathy due to a lack of proper withdrawal documentation.

The Board has decided to remand the Veteran's claims for further development due to ongoing VA efforts to obtain private medical records and a new VA examination.

The Veteran's lumbar spine, right and left lower extremity radiculopathy, right foot plantar fasciitis, right knee limitation of flexion and extension, right knee lateral instability, and left knee lateral instability have been granted ratings. The Veteran also received a TDIU.

The Veteran's appeal for increased ratings for cervical spine DDD and lumbar spine DDD is being remanded due to inadequate VA examination reports regarding the severity of his conditions during flare-ups.