Radiculopathy & sciatica decisions — 2020

The Board has not yet considered all submitted evidence and will need to issue a new Supplemental Statement of the Case (SSOC) that includes this information.

The Veteran's service-connected back disability with radiculopathy in both lower extremities prevents him from securing or following a substantially gainful occupation considering his education and occupational experience.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine condition was rated at 20 percent, the right sciatic nerve condition at 20 percent, resulting in a combined rating of 40 percent. The Board found that the Veteran did not meet criteria for schedular or extraschedular TDIU consideration.

The Veteran's claim for an increased disability rating for left lower extremity radiculopathy is granted, but the earlier effective date for TDIU prior to August 1, 2005 is denied.

The Board has determined that additional evidence was received after the last statement of the case and remands the cases for further development, including obtaining VA and private treatment records, scheduling a VA examination to assess the current severity of the Veteran's low back disability, and determining whether there are any neurological impairments or intervertebral disc syndrome.

The Board has granted the Veteran's claims for separate compensable ratings for peripheral neuropathy of the femoral nerves and sciatic nerves of both lower extremities, effective March 27, 2012. The decision is based on VA treatment records dated December 23, 2011, which documented an increase in disability.

The Board has decided to remand the Veteran's claims for service connection and rating determinations related to his knee disabilities, plantar fasciitis, radiculopathy, and lumbar spine degenerative disk disease due to insufficient evidence or need for updated examinations.

The Board has remanded the cases for further development due to inadequate examination reports and the need to address whether a new examination is warranted to obtain an opinion on the severity of the Veteran's symptoms without medication.

The Board has determined that the original grants of service connection for lumbar spine DDD and associated right lower extremity radiculopathy were incorrect due to CUE, and thus severed from service. The restoration of these benefits is denied.

The Board dismissed the appeal because the appellant requested withdrawal of his claims for service connection for COPD, PTSD, sleep apnea, collapsed right lung, bilateral hearing loss, memory loss, left and right upper extremity peripheral neuropathy, CFS, and right lower extremity radiculopathy.

The Board has remanded the cases for additional evidence to be considered by the AOJ.

The Board has granted service connection for headaches and remanded the remaining issues including increased ratings, PTSD evaluation, esophageal stricture rating, and erectile dysfunction.

The Board has remanded the claims for further development due to inadequate opinions regarding the etiology of the Veteran's lower back condition and bilateral lower extremity radiculopathy, which are secondary to his service-connected right knee condition.

The Veteran is granted a total disability rating based on individual unemployability from September 1, 2008 to July 30, 2019 due to his service-connected disabilities.

The Veteran's lumbar spine disability is rated at 10 percent for the period from June 25, 2014 to June 6, 2018.,For the period after June 6, 2018, the Veteran's lumbar spine disability is rated at 20 percent.

The Board has dismissed all issues related to the veteran's claims, including evaluations for various conditions and service connection requests.

The Veteran's appeal is remanded for additional examinations and development of the record to determine if his service-connected disabilities have worsened.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spondylosis was rated at 20% prior to May 26, 2010, and at 40% thereafter. The right lower extremity sciatica was rated at 20%. TDIU was granted.

The Veteran's claim for an increased rating for radiculopathy of the right lower extremity was received on November 3, 2011. The Board denied a prior effective date as there is no communication prior to this date that can be construed as a claim.

The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his appeal by his representative.