Radiculopathy & sciatica decisions — 2020

The Board has denied earlier effective dates for the service connection of lumbar degenerative disc disease, left lower leg radiculopathy, and right lower leg radiculopathy. The increased rating appeals are REMANDED due to a need for new examinations and consideration of TDIU on an extraschedular basis.

The Board has denied the Veteran's claims for service connection for lumbar spine disorder, bilateral lower extremity radiculopathy, sleep disturbance, and memory loss. The issues have been remanded due to insufficient evidence.,Service connection was not granted as there is no direct evidence linking these conditions to service or a service-connected disability.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 4, 2010, and the effective date for his TDIU is set at that time.

The Veteran's claims for excessive weight gain, left hand tremor, hypertension, and erectile dysfunction have been dismissed. The right foot disorder claim was denied. Service connection for rhinophyma rosacea has been granted with a 60% rating prior to December 15, 2015, and a 10% rating thereafter.,The Veteran's TDIU claim is granted effective June 25, 2019.

The Veteran was granted a TDIU from April 1, 2011 to November 18, 2015 due to service-connected disabilities. The rating period prior to September 25, 2010 did not meet the criteria for TDIU.

The Board denied service connection for cervical spine disability, bilateral upper extremity radiculopathy, and allergic rhinitis due to lack of evidence showing a direct link between these conditions and the Veteran's active military service.,Service connection was not granted as the preponderance of the evidence did not support that the Veteran’s current disabilities were caused or aggravated by his time in service.

The Board has remanded the Veteran's claims for service connection for intervertebral disc syndrome with lumbar spondylosis and bilateral lower extremity sciatica due to an inadequate medical opinion. The VA is required to schedule the Veteran for a new examination to address whether his conditions are related to his military service.

The Veteran's lumbar spine disability is rated at 40 percent effective January 8, 2020. The Board has remanded the issues of rating his right and left lower extremity radiculopathy as well as his TDIU claim.

The Board has remanded the claims for service connection, rating increases, and effective date determination due to new evidence submitted by the Veteran. The issues include left lower extremity radiculopathy, low back condition, right lower extremity radiculopathy, and an earlier effective date.

The Board denied the Veteran's request for an earlier effective date prior to July 19, 2018 for service connection of flaccid muscle paralysis and radiculopathy right lower extremity (previously claimed as anterior and posterior tibialis muscle paralysis) and left lower extremity (previously claimed as talipes cavus left foot paralysis).

The Veteran's service-connected disabilities, including his lumbar spine and psychiatric conditions, are not sufficient to render him unable to secure or follow a substantially gainful occupation.

The Veteran's cervical radiculopathy of the left and right upper extremities are currently rated at 40 percent and 30 percent, respectively. The Veteran is seeking higher ratings for these conditions.,The Veteran’s headaches have been evaluated as migraine variants with over-the-counter Aleve use. She has reported worsening frequency of attacks.

The Veteran's service-connected disabilities are found to meet the percentage requirements for a schedular TDIU and preclude him from securing and following substantially gainful employment. The Board has remanded several issues including higher ratings for his lumbar spine strain, radiculopathy of the lower extremities, and entitlement to special monthly compensation based on the loss of use of the lower extremities or the need for regular aid and attendance.

The Veteran's appeal for a disability rating of 60 percent for left knee status post total knee replacement is granted effective January 5, 2016.,The appeals on service connection for cervical spine condition and increased rating for nerve damage, lateral surface of the distal left lower leg, saphenous nerve are dismissed.

For the initial rating period on appeal, a 70 percent rating for insomnia disorder is granted.,For the entire rating period on appeal, a 40 percent rating but not higher for lumbar spine disability and separate 20 percent ratings for right and left lumbar radiculopathy are granted.

The Veteran's service-connected disabilities have left him unable to find gainful employment prior to March 11, 2008. The Board granted entitlement to TDIU on an extraschedular basis from February 28, 2008 to March 11, 2008.

The Board has remanded the claims for increased ratings for radiculopathies of the bilateral lower extremities, TDIU prior to December 30, 2019, SMC based on need for regular aid and attendance of another (A&A) prior to December 30, 2019, and eligibility for Dependents' Education Assistance (DEA) benefits prior to December 30, 2019.

The Veteran's service-connected back disability and radiculopathy of the lower extremities are currently rated at their minimum levels, with no higher ratings granted.

The Veteran's RLE radiculopathy is currently rated at 20 percent, and the Board has remanded the issue of whether it warrants a higher rating. The claim for service connection for a hip or knee disorder secondary to service-connected disabilities remains pending.

The Board has remanded the case due to incomplete information regarding the Veteran's employment history and because of a need for additional examination. The TDIU claim will be reconsidered after these issues are resolved.