Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities are considered for eligibility in obtaining specially adapted housing or a special home adaptation grant. However, the Board notes that additional evidence has been received and requires further review by the AOJ.

The Veteran's appeal for an earlier effective date for a 10% evaluation for service-connected right lower extremity radiculopathy is granted, but the decision does not address this issue. The effective date of August 6, 2011, is set as the earliest possible date due to the Veteran's active duty status.

The Veteran's claim for an initial rating in excess of 40 percent for radiculopathy of the left lower extremity was denied, and his claim for an effective date earlier than October 2, 2018 for service connection for this condition was also denied.

The Veteran's claim for an increased rating of 20 percent for a cervical spine strain with DJD, DDD, and right hand radiculopathy has been granted. The appeal is also granted to reopen the previously denied claim of service connection for sciatica of the right lower extremity.

The Veteran's claims for service connection for peripheral neuropathy, right sciatica and sleep apnea were denied. The claim for TDIU prior to April 2, 2013 was also denied.

The Veteran withdrew all of his claims, including those related to service connection for various disabilities and initial ratings.

The Veteran is seeking earlier effective dates for service connection for radiculopathy of the right and left lower extremities, to include whether there was clear and unmistakable error (CUE) with a February 2009 rating decision. The Board has determined that remand is necessary to provide the Veteran with notice as to what elements of CUE were not met.

The Board has remanded the claims for increased ratings and staged initial ratings for degenerative joint disease of the lumbosacral spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The TDIU claim is also being remanded.

The Veteran's appeal is remanded for additional examinations and to obtain VA treatment records. The issues of increased ratings for various service-connected disabilities are also remanded.

The Board has remanded the claims for service connection for a back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to lack of response regarding an in-service Humvee rollover accident.

The Veteran's claims for increased ratings for his hip and sciatic nerve disabilities have been denied. The Board found that the evidence did not support higher evaluations based on current functional impairment.

The Board has remanded several issues related to the Veteran's service-connected thoracolumbar spondylosis and bilateral lower extremity radiculopathy, as well as his claim for a TDIU. The Veteran is requested to undergo a VA examination to assess the current severity of his disabilities, and the case will be referred to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis if warranted.

The Board has remanded the Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left-sided sciatica, as well as his claim for a total disability rating based on individual unemployability (TDIU). The issues are being remanded due to insufficient evidence in the record.

The Veteran's claims for increased ratings are remanded due to the need for further evaluation and consideration of his service-connected conditions.

The Board has denied service connection for a left foot disability and remanded the issue of service connection for lumbosacral spine degenerative joint disease with bilateral lower extremity radiculopathy due to lack of evidence establishing a current disability.

The Veteran's claim for service connection for a right arm disability has been granted. The Board found new and relevant evidence that tends to show the Veteran has this condition, which was not previously considered.

The Veteran's low back disability is rated at 20 percent, the maximum rating available under Diagnostic Code 5243. The Board found that the evidence does not support a higher rating due to functional loss or ankylosis.

The Board has remanded the Veteran's claims due to insufficient evidence and the need for additional VA treatment records.

The Board dismissed the Veteran's claim for an earlier effective date for TDIU as it was granted with a January 16, 1996 effective date. The remaining claims of increased ratings for lumbar spine and bilateral lower extremity disabilities are remanded.

The Veteran's lumbosacral strain with degenerative arthritis is rated at 20 percent, and the Board has remanded for further development.,A separate disability rating of 10 percent for left lower extremity radiculopathy is granted effective February 14, 2020. The Veteran's right lower extremity radiculopathy also received a 10 percent rating effective February 14, 2020.,The Board has remanded the claim of entitlement to TDIU due to insufficient information regarding the Veteran’s employment and educational history.