Radiculopathy & sciatica decisions — 2021

The Veteran's claims for service connection and ratings have been dismissed due to the death of the Veteran.

The Veteran's initial claim for a higher rating for his back disability was denied, and the effective date for TDIU was set at November 30, 2010. The Veteran's right and left lower extremity radiculopathy were each granted an initial 20% rating.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to July 17, 2012.

The Board has determined that additional development is needed to properly adjudicate the service connection claims for low back disorder and sciatic nerve disorder, as they are inextricably intertwined. The case will be remanded for further medical opinions and development.

The Veteran's right bicep tendinitis is granted as service connected. The Board finds the Veteran's cervical spine, hip, and wrist disabilities are not related to his active duty or any other service-connected conditions.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for left and right lower extremity radiculopathy (sciatic nerve) due to incomplete compliance with previous remand directives.

The Veteran's claim for higher ratings for left lower extremity radiculopathy and TDIU was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to September 13, 2019, or 20 percent thereafter. For TDIU, the Veteran met the schedular criteria for a single disability rated at least 60% due to his back and radiculopathy conditions.

The Veteran's claims for service connection are remanded due to incomplete records and the need for additional medical examinations.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination and outstanding treatment records. The Veteran is advised that she should attend a new VA examination or provide good cause if she declines.

The Veteran's claim of service connection for left upper extremity radiculopathy is dismissed as the benefit has already been granted in an October 2019 rating decision. The remaining claims of service connection for right upper extremity radiculopathy, a left shoulder disability, and a psychiatric disability are remanded.

The Veteran's claims for higher ratings on his low back, neck, and right lower extremity radiculopathy disabilities are being remanded due to the need for updated VA examinations that comply with Sharp v. Shulkin.

The Veteran's CAD is rated at 60 percent since March 18, 2013. The claim for a higher rating remains denied.,DMII is currently rated at 20 percent and the criteria for a higher rating are not met.,Bilateral lower extremity peripheral neuropathy of the sciatic nerve is rated at 20 percent since November 18, 2014. The claim for higher ratings remains denied.,Bilateral lower extremity peripheral neuropathy of the femoral nerve is rated at 20 percent since November 18, 2014. The claim for higher ratings remains denied.,The effective date for service connection for CAD has been set to March 18, 2013.,The effective date for service connection for bilateral lower extremity peripheral neuropathy of the sciatic nerve has been set to November 18, 2014.,The effective date for service connection for bilateral lower extremity peripheral neuropathy of the femoral nerve has been set to November 18, 2014.

The Board has determined that the Veteran's lower back disability, including spondylolisthesis, L5-S1 secondary to spondylolysis and right lumbar radiculopathy, is related to his service. The decision grants service connection for this condition.

The Veteran's claims for increased ratings and effective dates for right and left lower extremity radiculopathy were denied. The Board found no entitlement to earlier effective dates than those assigned.

The Veteran's claim for an initial rating of 20 percent, but not higher, for degenerative changes of the lumbar spine is granted. The claims for increased ratings for right leg radiculopathy and left leg radiculopathy are also granted.

The Board has denied the Veteran's claim for service connection for a cervical spine disorder due to lack of evidence linking his current condition to his active service. The low back and associated radiculopathy issues are remanded for further development.

The Board has decided to remand the claims for a higher disability rating for spinal stenosis and radiculopathy due to inadequate examination findings, specifically regarding range of motion, functional loss, and pain in weight bearing.

The Board has reopened the previously denied claim of service connection for lumbar spine disability due to new and material evidence. However, it is determined that there is no causal relationship between the current back disability and military service.

The Veteran's son is denied accrued benefits and benefits under 38 U.S.C. § 1805 as there was no pending claim for VA benefits at the time of his father's death, and he does not have a diagnosis of spina bifida.

The Veteran's appeals for increased ratings for persistent depressive disorder, lumbar spine condition, and bilateral lower extremity radiculopathy were dismissed as the Veteran withdrew her claims under the modernized review system.