Radiculopathy & sciatica decisions — 2020

The Veteran's tension headaches are rated at 50 percent prior to December 6, 2018. The Board also granted entitlement to TDIU for the period prior to November 13, 2013.

The Veteran's TDIU claim from August 1, 2014 is granted. The Board also dismissed the issues of increased ratings for lumbar strain post-operative fusion and radiculopathy of the right lower extremity associated with the lumbar spine disability.

The Veteran's service-connected disabilities did not render her unable to secure or follow a substantially gainful occupation prior to April 10, 2019.

The Veteran's attorney requested a remand for a retrospective medical opinion to clarify when the right femoral nerve radiculopathy likely began, as the record is unclear regarding its onset.

The Board has granted service connection for a lumbar spine disability, diagnosed as sciatica, disc protrusion, facet arthropathy, and spondylotic changes with nerve root involvement, based on clear and unmistakable error in the September 2005 rating decision that denied service connection. The effective date is set at November 9, 2004.

The Veteran's service-connected back disability, left and right lower extremity radiculopathy, and dermatitis of the soles of both feet rendered him unable to secure or follow a substantially gainful occupation for the appeal period stemming from his June 4, 2010 claim to August 15, 2014.

The Board has remanded the Veteran's claims for additional development due to new evidence and potential changes in his disability status.

The Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy, as well as service connection for surgical scars, were denied. His claim of service connection for a TBI was reopened due to new evidence received since the last final denial.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to December 3, 2012, finding that his service-connected conditions did not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected low back disability and bilateral lower extremity radiculopathy rendered him unable to secure or follow a substantially gainful occupation as of January 4, 2008. The Board granted the TDIU rating from that date.

The Veteran's service-connected low back strain and associated radiculopathy render him unable to secure or follow a substantially gainful occupation prior to February 1, 2017.

The Board has determined that the Veteran's lower back disorder is related to his service-connected bilateral foot and lower extremity disorders, resulting in a change in gait.,The Board has also determined that the Veteran's right sciatic radiculopathy is related to his service-connected bilateral foot and lower extremity disorders, resulting in a change in gait.

The Board has remanded the Veteran's claims for increased evaluations for his service-connected left upper and lower extremity radiculopathy due to incomplete documentation of the examination report.

The Veteran's degenerative arthritis of the spine with IVDS and spinal stenosis is rated at 40 percent, left lower extremity radiculopathy was granted a 20 percent rating prior to February 5, 2020, and right lower extremity radiculopathy received a 40 percent rating from that date onwards. TDIU was also granted.

The Board has granted the Veteran's claim for mild degenerative disc disease of the cervical spine. The remaining claims for right carpal tunnel syndrome and right lower extremity radiculopathy are remanded due to inadequate medical opinions.

The Board granted a 20 percent rating for the Veteran's radiculopathy of the right lower extremity, effective from April 7, 2012 to November 17, 2014. From November 17, 2014 onwards, the Veteran is denied any increase in his rating.

The Board has granted an effective date of January 1, 2004 for the grant of a TDIU based on the Veteran's service-connected disabilities making him unable to secure or follow substantially gainful employment since that date.

The Board dismissed all issues of appeal due to the death of the appellant.

The Board has determined that the VA examinations and development conducted do not adequately comply with the September 2019 Board remand directives. The Veteran is advised to attend a VA examination for his claimed disabilities, or face adverse impact on the outcome of his claim.

The Veteran's left lower extremity radiculopathy with sciatic nerve involvement is granted a disability rating of 40 percent. The Veteran's left upper and right upper extremity radiculopathies are denied ratings in excess of the current 20 and 40 percent, respectively.