Radiculopathy & sciatica decisions — 2020

The Board has granted earlier effective dates of May 2, 2012 for the awards of service connection for right and left upper extremity radiculopathy as secondary to a service-connected cervical spine disability. The Veteran's claims for increased ratings for his cervical spine disability and associated bilateral upper extremity radiculopathy disabilities, as well as his claim for TDIU, are remanded.

The Veteran's total disability rating based on individual unemployability is denied because his service-connected disabilities do not meet the criteria for TDIU, as he also has non-service-connected conditions that contribute to his employment challenges.

The Board has remanded the case due to the need for a new examination and further development of the cervical spine arthritis with IVDS claim.

The Veteran's right lower extremity sciatic radiculopathy was rated at 10 percent prior to June 6, 2018 and denied a higher rating. His left lower extremity sciatic radiculopathy was also rated at 10 percent prior to June 6, 2018 and denied a higher rating. The Veteran's left lower extremity femoral radiculopathy was rated at 10 percent from August 17, 2018 and denied a higher rating.,The Veteran's lumbosacral spine disability was rated at 20 percent prior to April 7, 2013 and in excess of 40 percent thereafter. The Veteran is also seeking TDIU on an extraschedular basis.

The Board has granted the Veteran's petition to reopen his claim of service connection for obstructive sleep apnea. The claims for right shoulder disability, bilateral foot disability (claimed as a bilateral foot infection), fibromyalgia, respiratory disability, and gastritis with hiatal hernia are all remanded due to insufficient evidence on their merits.

The Board has remanded the claims for higher ratings and TDIU due to service-connected lumbar spine IVDS, as well as the earlier effective date claim. The Veteran is asked to provide any additional evidence related to his claims.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Veteran's cause of death is not related to his service-connected disabilities or service. The claim for nonservice-connected death pension and accrued benefits are also denied.

The Veteran's service-connected right and left lower extremity radiculopathies are being remanded for a new examination to assess the current severity of his conditions.

The Veteran's acquired psychiatric disorder is granted as service-connected.,Right knee patella chondromalacia and DDD of the lumbar spine are granted as secondary to a service-connected left knee condition.

The Veteran's service-connected cervical spine, lumbar strain, left and right upper extremity radiculopathy disabilities are being remanded for further evaluation due to reported worsening symptoms since the last VA examinations in March 2017.

The Board has remanded the Veteran's claims for an increased rating for left lower extremity radiculopathy and TDIU based on service-connected disabilities prior to February 12, 2018. The issues are being remanded due to need for additional medical examinations and consideration of new evidence.

The Board has granted a TDIU as of June 18, 2012, finding that the Veteran's service-connected disabilities precluded her from securing or following a substantially gainful occupation.

The Board has granted initial ratings of 20 percent for each lower extremity diabetic peripheral neuropathy, effective April 17, 2017. The right and left upper extremities were denied higher ratings.

The Board has determined that additional development is needed for the Veteran's claims of cervical radiculopathy, left wrist carpal tunnel syndrome, and headache disorder. The claims are being remanded to allow for further examination and consideration.

The Board has remanded the case due to the need for additional evidence regarding whether the Veteran's back disability is aggravated by his service-connected right ankle disability.

The Board has granted service connection for allergic rhinitis and remanded the remaining issues due to inadequate examinations.

The Veteran's appeal for an increased rating for his left-hand disability and service connection for a lumbar spine disability is denied. The Veteran was granted a total disability rating based on individual unemployability prior to May 18, 2016.

The Veteran's service-connected disabilities have at least as likely as not prevented him from engaging in substantially gainful employment since June 22, 2011. The Board has referred the case to the Director, Compensation Service, for an initial determination of whether TDIU is warranted on an extra-schedular basis prior to June 22, 2011.

The Veteran's claims for higher initial ratings for various conditions, including lumbosacral spine degenerative disc disease, radiculopathy of the lower extremities, and PTSD, are being remanded due to additional evidence added to the file after a supplemental statement of the case (SSOC).