Radiculopathy & sciatica decisions — 2020

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence to support a causal relationship between his current condition and his military service or any service-connected disabilities. The most probative medical evidence does not support a nexus between the Veteran's cervical spine disability and his service.

The Board has remanded the cases due to lack of substantial compliance with previous remand directives, specifically regarding obtaining a retrospective medical opinion for the severity of the Veteran's service-connected disabilities during the entire appeal period.

The Veteran's claim for service connection for left side sciatica was granted, but the effective date is denied. The initial rating of 20% for left side sciatica was granted on October 9, 2019.,Payment at an increased rate of 40% has been granted since October 9, 2019.

The appeal of the issue characterized as 'Granting of only 0% for secondary neuropathy' is dismissed. A total disability rating due to individual unemployability is granted from April 24, 2019.

The Veteran's claim for an earlier effective date for the award of service connection for a lumbar spine disorder is denied as there was no indication of intent to file such a claim prior to October 27, 2010.,The Veteran's claim for an earlier effective date for the award of service connection for LLE radiculopathy is denied as the earliest evidence of this condition is dated April 6, 2015.,The Veteran's claim for an earlier effective date for the award of service connection for RLE radiculopathy is granted with an effective date of February 19, 2020.

The Board denied the Veteran's claims for service connection for lower back condition, sciatica, and chronic fatigue syndrome as there was no evidence of a current disability or link to service.

The Board has determined that there is at least a 50% chance the Veteran's current cervical spine disability, including left upper extremity radiculopathy, was incurred during his period of active duty service. The decision grants service connection for this condition.

The Board has granted a 20 percent disability rating for the Veteran's left upper extremity cervical radiculopathy, but has remanded the claim for entitlement to TDIU.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the Veteran's hearing loss, diabetic peripheral neuropathy of the lower extremities (sciatic and femoral nerves), and other conditions did not warrant higher ratings or service connection.

The Veteran's cervical spine disability is rated at 30 percent from March 18, 2010 forward. The Board found that a higher rating was not warranted for the period prior to this date and granted separate ratings of 20 percent each for bilateral upper extremity radiculopathy from September 1, 2016 forward.

The Board has granted the Veteran's claim for service connection for a right upper extremity condition, claimed as right upper extremity radiculopathy, to include as due to his service-connected neck disability. The other claims of service connection have been remanded.

The Veteran's basic eligibility for Dependents' Educational Assistance (DEA) benefits was not established prior to March 2, 2020, as he did not have a permanent and total service-connected disability at that time.

The Veteran's service-connected DJD of the thoracolumbar spine and bilateral lower extremity radiculopathy involving the sciatic nerve were evaluated as 10% and 10% respectively, with no higher ratings granted. The appeal was denied for an increased rating.

The Veteran's service-connected disabilities do not render them unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran's claim for service connection for PTSD is reopened, and his lumbar spine DDD and bilateral lower extremity radiculopathy ratings are restored. The issues of increased ratings for these conditions remain pending.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, considering his level of education and prior work experience.

The Veteran's back disability is currently rated at 20 percent, and the Board has found that a new VA examination is necessary to determine if his condition warrants an increased rating.

The Veteran's service-connected disabilities, including depressive disorder and degenerative disc syndrome, have rendered him unable to obtain or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these conditions.

The Veteran's spondylolysis L4 with spondylolisthesis L4-5 and disc bulge L4-L5 is rated at 40 percent, which is the maximum schedular rating available. The Veteran also has separate evaluations for right and left lower extremity radiculopathy.

The Veteran's right lower extremity radiculopathy is rated at 20 percent from July 2, 2019 and the Board grants a TDIU effective July 26, 2012.,From July 21, 2011 to July 26, 2012, the Veteran was granted a TDIU based on his service-connected back disability.