Radiculopathy & sciatica decisions — 2020

The Board finds that additional development is warranted before adjudication of the Veteran's appeal, including a new VA examination for his right knee disability and consideration of temporary total disability following surgery.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected lower back disability and left lower extremity radiculopathy, as these conditions do not meet the schedular requirements for TDIU.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's cervical spine disorder with radiculopathy is related to service or his service-connected thoracolumbar spondylosis with degenerative disc disease.

The Board has granted service connection for left lower extremity radiculopathy and remanded the issue of entitlement to a higher initial rating for degenerative disc disease with L5-S1 herniation.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations, treatment records, and consideration of his TDIU claim.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his low back disability and bilateral lower extremity sciatica. The Veteran must be provided with a new VA examination to determine if his current disabilities are related to his military service.

The Veteran's appeal includes claims for increased ratings for coronary artery disease, cervical herniated nucleus pulposus at C5-C6, and cervical radiculopathy of the right upper extremity. The TDIU claim is also on appeal. These issues are being remanded to obtain additional medical records and conduct further examinations.

The Veteran's appeal of service connection for a disability other than PTSD, leg disability, lumbar spine disability, and left lower extremity radiculopathy has been dismissed due to his withdrawal during the December 2019 Board hearing.

The Veteran's radiculopathy left upper extremity and right upper extremity are denied as not related to service.,The Veteran's lumbar spine disability is remanded for further development.

The Board has remanded the Veteran's claims for cervical spine condition, left upper extremity radiculopathy, and right upper extremity radiculopathy due to potential issues with the April 2017 VA examination.

The Board denied the Veteran's claims for service connection for bilateral carpal tunnel syndrome, bilateral lower extremity radiculopathy, and bilateral upper extremity radiculopathy. The evidence did not establish a nexus between these conditions and military service.

The Board has dismissed the appeals for vitamin D deficiency, left inguinal strain, elevated liver enzymes, right anterior diaphragmatic eventration, and sleep apnea. The appeals for radiculopathy of the right upper extremity and left upper extremity have been remanded.

The Veteran's claim for an increased rating for his back disability was denied. From October 26, 2006, he received a 20 percent rating for right lower extremity radiculopathy and another 20 percent rating for left lower extremity radiculopathy.

The Board has remanded the issue of service connection for a neck condition due to new evidence received since the last final denial. The Veteran's claim for increased ratings and reduction in disability rating are pending, with the case being returned to the RO for further action.

The Veteran's claims for increased ratings were denied as the assignment of increased disability ratings would violate the 'amputation rule' and other criteria. The lumbar spine disability was not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, nor did it result in favorable ankylosis of the entire thoracolumbar spine.

The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.

The Veteran's service-connected disabilities (lumbar spine arthritis, bilateral knee arthritis, and bilateral lower extremity radiculopathy) result in permanent loss of use of both feet. The Board grants the Veteran's claims for automobile and adaptive equipment, specially adapted housing, and SMC.

The Veteran's service-connected conditions render him in need of regular aid and attendance, which is granted for special monthly compensation.

The Board has dismissed the Veteran's appeals of his claims for service connection for bilateral hip disability and radiculopathy, bilateral lower extremities. The appeal for service connection for an acquired psychiatric disorder is remanded.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and PTSD, have prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience.