Radiculopathy & sciatica decisions — 2020

The Veteran's TDIU claim is granted, and his appeals for increased ratings on several service-connected conditions are dismissed. The Veteran was found to be unemployable due to his cervical spine disability.

The Board has remanded the claims for service connection for various knee, ankle, back, shoulder, and radiculopathy disabilities due to insufficient evidence of current diagnoses or etiology.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's TDIU claim is remanded due to the need for a VA examination to assess his functional limitations caused by his service-connected disabilities, and their impact on his ability to secure or follow a substantially gainful occupation.

The Veteran's respiratory condition, including COPD and OSA, is rated at 30 percent from April 28, 2011, and at 50 percent from May 14, 2019. The right lower extremity radiculopathy is currently rated at 10 percent. Other issues related to service connection or disability ratings are being remanded for further development.

The Veteran's acquired psychiatric disorder (claimed as depression) and bilateral lower extremity radiculopathy are granted service connection, with the Board finding that these conditions are at least as likely as not related to his service-connected back disability. The neck disorder is remanded for further examination.

The Board denied all claims for service connection and increased ratings due to lack of current diagnoses or insufficient new and material evidence. The Veteran's sleep apnea claim was denied as there is no evidence of a current diagnosis.

The Veteran's PTSD is rated at 50 percent, which does not meet the criteria for a higher rating.,The Veteran’s left lower extremity radiculopathy of the sciatic nerve is currently rated at 10 percent. The Board finds that this rating adequately reflects his symptoms and does not warrant an increased rating.,The Veteran's left lower extremity radiculopathy of the femoral nerve is also rated at 10 percent, which is considered adequate based on the evidence provided.

The Board has granted service connection for cervical spine degenerative arthritis and secondary upper extremity radiculopathy. The Veteran's bilateral lower extremity radiculopathy is remanded due to significant changes in his symptoms.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy have been restored to their previous ratings of 40 percent and 20 percent, respectively, effective March 1, 2018.

The Board has remanded several issues related to the Veteran's lumbar spine disability, including a rating in excess of 20 percent and separate ratings for left and right lower extremity radiculopathy. The TDIU issue is also being remanded as it is inextricably intertwined with the other issues.

The Board has remanded the claims for increased ratings for lumbar spine and lower extremity radiculopathy, as well as the claim for TDIU due to lack of timely appeal on some issues.

The Veteran's claim for an effective date earlier than October 28, 2015 for the establishment of service connection for sciatic radiculopathy of both lower extremities was denied. The effective rating remains at 10%.

The Veteran's claim of service connection for diabetes mellitus has been reopened, but the issue remains denied. The effective dates for other claims have not been established.

The Veteran's service-connected disabilities have not precluded him from securing or following a substantially gainful occupation during the appeal period.

The Veteran's claims for service connection for Degenerative Disc Disease (DDD), bulging disc, and chronic lumbar strain, as well as right and left lower extremity radiculopathy, are granted. The claim for bilateral foot and inner right ankle ganglion cysts is remanded to obtain a new VA examination.

The Veteran's claim for an increased rating for a lumbar spine disability was denied as the evidence did not show limitation of motion or other criteria warranting a higher rating prior to February 17, 2015. As of that date, his disability is rated at 20 percent.

The Veteran's service-connected disabilities are of a permanent and total nature, and the Board has dismissed his claims for increased ratings as he withdrew them at his hearing.

The Veteran's lumbar spine disability and sciatica of the lower extremities have been granted increased ratings, with a 40 percent rating for each condition.

The Veteran's PTSD is rated at 100% effective May 9, 2016. The Veteran's tinnitus and left lower extremity sciatic radiculopathy are both rated at 10%. The Veteran's claim for an earlier effective date for his PTSD is granted.