Radiculopathy & sciatica decisions — 2020

The Board has granted service connection for GERD, neurogenic bladder, and bilateral lower extremity radiculopathy. The Veteran's use of NSAIDs to control pain from his cervical spine arthritis caused his GERD. His lumbar strain proximately caused his neurogenic bladder and bilateral lower extremity radiculopathy.

The Veteran's back condition is granted service connection, and his right lower extremity radiculopathy is also granted as secondary to the back disability. The neck condition is granted service connection on a direct basis. Service connection for left leg, right ankle, and right big toe disabilities are remanded.

The Veteran's left sciatic nerve radiculopathy is rated at 20 percent from August 7, 2019 and increased to 40 percent effective February 18, 2020. The Veteran's right and left femoral nerve radiculopathy are each rated at 20 percent since February 18, 2020.,The Board has granted an earlier effective date of August 7, 2019 for the service connection of right and left femoral nerve radiculopathy.

The Board denied service connection for various conditions, including right arm weakness, low back condition, left lower extremity condition/sciatica (including leg weakness, aches, pains, numbness), left arm and hand weakness, stroke, heart condition, atrial fibrillation. The Veteran's dry scalp condition was also denied.

The Veteran is unable to maintain substantially gainful employment due to service-connected disabilities since March 1, 2014. The Board finds that the criteria for a TDIU have been met from this date.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities alone or in combination preclude him from securing and maintaining substantially gainful employment.

The Board has granted service connection for radiculopathy affecting both lower extremities as secondary to the Veteran's service-connected thoracolumbar spine disability. The issue of a rating in excess of 10 percent for the thoracolumbar spine disability and TDIU is remanded due to inadequate examination.

The Board has remanded the claims for service connection for radiculopathy of the left lower extremity and shortening of the right leg due to insufficient evidence regarding their onset during the appeal period.

The Veteran's claim for a higher rating for his lumbar spine disability and right lower extremity radiculopathy has been denied. The Veteran is currently rated at 40 percent for the lumbar spine disability, effective July 13, 2019.,For the period from July 8, 2011 to July 13, 2019, the Veteran's claim for TDIU has also been denied.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition was not incurred in or related to his military service.

The Veteran's claim for a rating in excess of 30 percent for his cervical spine disorder prior to January 13, 2006 was denied. The Board also denied entitlement to TDIU on an extraschedular basis prior to March 18, 2008 and granted TDIU on an extraschedular basis as of March 18, 2008.

The Board has remanded the Veteran's claims for service connection due to insufficient analysis of functional impairment and lack of consideration of lay statements regarding service-related back pain.

The Veteran is granted service connection for right lower extremity femoral nerve radiculopathy, effective June 13, 2016.

The Board has remanded the Veteran's claims for neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and low back disability with degenerative joint disease due to missing VA examinations. The Veteran was hospitalized and moved to a nursing home, which may have prevented him from attending the scheduled exams.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding his back condition and acquired psychiatric condition. The AOJ is instructed to obtain additional medical records, schedule examinations if necessary, and provide an adequate opinion on the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for service connection and evaluation of her back disability, as well as her bilateral upper and lower extremity radiculopathy. The claims are being returned to the RO for additional development.

The Veteran's initial rating for back disability is denied, and a higher rating is not warranted. The Veteran's LLE radiculopathy, sciatic nerve, is granted an initial rating of 80 percent. A higher rating for LLE radiculopathy, femoral nerve, is denied.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death and that the cause of death was not related to his military service.

The Board has denied service connection for migraine headaches and neuropathy of the left sciatic nerve as secondary to a lower back disability. The Veteran's claims for left foot and right foot disabilities, as well as his lower back disability, are remanded for further examination and opinion.,Service connection cannot be established for migraine headaches or neuropathy of the left sciatic nerve due to lack of evidence of current diagnoses.

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