Radiculopathy & sciatica decisions — 2021

The Veteran's initial disability rating for degenerative disc disease of the lumbar spine is granted at 40 percent, effective August 19, 2019. Separate ratings of 20 percent are assigned for radiculopathy affecting both lower extremities beginning August 27, 2021.

The Veteran's claims for increased ratings of his service-connected lumbar spine disability, sciatic radiculopathies of the bilateral lower extremities, and femoral radiculopathies are remanded due to inadequate examination findings. The AOJ is instructed to schedule a new VA examination and obtain any outstanding VA treatment records.

The Veteran's claims for increased ratings for his service-connected right knee osteoarthritis, instability, lumbosacral spine disability, and radiculopathy of the right lower extremity have been granted. The initial rating for right knee osteoarthritis is set at 20 percent effective February 1, 2012, with a higher initial 30 percent rating effective August 17, 2020.

The Veteran's appeal for service connection for lumbar degenerative disease with radiculopathy has been dismissed due to the death of the appellant.

The Veteran's service-connected disabilities, including his acquired psychiatric disability (depression and PTSD), migraine headaches, degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome and lumbar strain, left hip osteoarthritis, right hip osteoarthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, patellofemoral pain syndrome of the right knee, lateral instability, post-operative patellofemoral pain syndrome of the left knee, and surgical scars of the left knee, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as his mobility issues are compensated by the assigned ratings for his disabilities.

The Veteran's combined service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board has granted TDIU effective April 29, 2020.

The Veteran's lumbosacral strain and left lower extremity radiculopathy claims are being remanded for further review due to new evidence received after the June 2020 supplemental statement of the case.

The Veteran's service-connected disabilities, including bilateral hearing loss, right and left lower extremity radiculopathy, and lumbar spine disability, are being remanded for further evaluation due to recent increases in severity since the last VA examinations.

The Veteran's radiculopathy of the right lower extremity is rated at 40 percent, reflecting moderately severe incomplete paralysis.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining a substantially gainful occupation since January 31, 2008. The Board has granted an extraschedular TDIU rating for this period.

The Veteran's low back injury with recurrent mechanical lumbosacral strain, left and right lower extremity sciatic radiculopathy were all denied increased ratings. The rating for the right lower extremity sciatic radulopathy was granted beginning on July 14, 2021.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection due to potential missing VA treatment records and other factors.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the claims for service connection for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claims are now REMANDED due to a duty to assist error.

The Veteran's cervical spine and bilateral upper extremity neurological disabilities were not incurred in or related to his military service. The Board denied increased ratings for lumbosacral strain with intervertebral disc syndrome and spinal stenosis, right lower extremity radiculopathy, left lower extremity radiculopathy, and a surgical scar associated with the lumbar spine.

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, warranting a TDIU.

The Board has remanded the Veteran's claims for increases in ratings for his low back disability, right and left lower extremity radiculopathy due to incomplete compliance with prior remands. The case will be returned after further development.

The Board has remanded the claims for residuals of a traumatic brain injury, carpal tunnel syndrome, and neurological disability of the right lower extremity due to additional development being required. The claim for skin disability of the bilateral lower extremities must also be remanded.

The Veteran's right and left lower extremity radiculopathy have been granted initial 10 percent ratings prior to April 9, 2018. Ratings in excess of 10 percent are denied for both lower extremities from April 9, 2018.

The Veteran's appeals for increased ratings for his service-connected back disability and radiculopathy are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.