Radiculopathy & sciatica decisions — 2020

The Veteran's appeal for a higher initial rating for right lower extremity radiculopathy has been dismissed as he withdrew the appeal prior to the Board making a decision.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and need for additional evidence. The issues of service connection for lumbar spine disability, left lower extremity radiculopathy, and rheumatoid arthritis of the hand are being addressed.

The Veteran's claims for service connection are being remanded due to the submission of new evidence. The regional office will review this evidence and consider its impact on the claims.

The Veteran's claims for extraschedular ratings and TDIU were denied as her service-connected disabilities do not meet the criteria for such determinations.,The Board found that the Veteran’s service-connected conditions, including lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and major depressive disorder, are adequately contemplated by the current schedular ratings.

The Board has remanded the Veteran's claims for service connection due to issues with examinations and development of his claims. The claims are being returned for further development, including VA examinations.

The Board has determined that the VA examinations regarding these claims were inadequate and remanded for further action. The Veteran's hypertension, type 2 diabetes mellitus, bilateral eye blindness, back disability, right hip disability, radiculopathy of the right lower extremity, left ankle disability, and psychiatric disability (depression) are all being reviewed due to their inextricable connection.

The Veteran's service-connected disabilities prevented him from finding and maintaining gainful employment since the filing of his claim in June 2005.

The Board has dismissed all service connection claims for various hip and knee conditions, as well as bilateral lymphedema, due to the death of the appellant.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment for the period from February 9, 2016 to February 22, 2018.

The Veteran's claim for service connection for a back condition, left leg radiculopathy, and right leg radiculopathy was reopened. Service connection is granted for the back condition, left leg radiculopathy, and right leg radiculopathy.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation, and his TDIU claim is denied.

The Board dismissed the appeal because a timely substantive appeal was not submitted or received regarding the October 2016 rating decision and the August 2017 SOC, which denied service connection for sciatic nerve damage/pain due to the lower back.

The Veteran's service connection claim for migraines is granted. The Board finds that the Veteran's migraine headaches are etiologically linked to his active duty service and grants this claim. However, the claims for lower extremity radiculopathy as secondary to cervical strain with degenerative arthritis are remanded due to inadequate VA examination.

The Board has remanded the Veteran's claims for additional development due to inadequate VA medical opinions and missing translations of documents. The issues include service connection for cervical spine degenerative disc disease, left lower extremity lumbar radiculopathy, bilateral upper extremity peripheral neuropathy, and bilateral upper extremity cervical radiculopathy.

The Veteran's service-connected disabilities, including her right shoulder condition and cervical spine strain with radiculopathy, have rendered her unable to secure or follow a substantially gainful occupation since August 31, 2015.

The Veteran's claims for earlier effective dates and compensable evaluations were granted, with the earliest effective date being June 28, 2010.

The Veteran's claim for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) was denied because his service-connected disabilities did not meet the criteria for SMC based on a single disability rated as total and an additional disability ratable at 60 percent or more.

The Veteran's claims for higher ratings for left and right lower extremity diabetic neuropathy have been denied.,The Veteran's claim for a higher rating for lower extremity diabetic ulcers has been remanded.

The Veteran's radiculopathy of the left lower extremity was granted an initial disability rating of 40 percent prior to April 29, 2019. From that date, a higher rating is denied.

The Board has granted service connection for diabetes, hypertension, left ankle disorder, left knee disorder, right knee disorder, back disorder, and lumbar radiculopathy. The Board found that the evidence is at least in equipoise that these conditions are etiologically related to active duty service.