Radiculopathy & sciatica decisions — 2021

The Veteran's appeals for service connection and ratings for various disabilities have been dismissed as the Veteran requested to withdraw his appeals.

The Board dismissed the Veteran's claim for an increased rating in excess of 40 percent for bilateral sciatic neuritis because it did not have jurisdiction over this issue, as there was no appropriate appeal regarding it.

The Veteran's claim for service connection for left elbow lateral epicondylitis is denied.,The Veteran's claims for service connection for right and left upper extremity radiculopathy are remanded due to the need for a VA examination.,The Veteran's claims for service connection for right and left upper extremity radiculopathy are remanded due to the need for a VA examination.

The Board has dismissed appeals for ratings in excess of 20 percent, 10 percent, and 10 percent for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS), radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) respectively.

The Veteran's claim for a higher rating for his lumbar degenerative disc disease and claims for TDIU and SMC were all denied by the Board.

The Veteran's claims for increased ratings on his service-connected spinal concussion and radiculopathies of the lower extremities are remanded. The Board also finds that a right hip disability may be related to his service-connected disabilities, but further examination is needed to confirm this.

The Board dismissed the appeals for service connection of left lower extremity radiculopathy, right lower extremity radiculopathy, bilateral shin splints, and plantar fasciitis due to the Veteran's withdrawal.

The Veteran's claims for service connection of a right hip disability, bilateral lower extremity disability (excluding radiculopathy and left knee), right shoulder disability, and sleep disorder have been denied.,There is no evidence showing the presence of these conditions during or after active duty.

The Veteran's bilateral lower extremity sciatic and femoral nerve radiculopathies have been rated at the maximum available disability ratings. The Board has determined that further development is necessary to accurately assess the severity of these conditions.

The Board has decided that the Veteran's claims for service connection for right lower extremity radiculopathy and TDIU are remanded due to insufficient evidence in the VA-contracted examination.

The Board has remanded the case due to additional development being needed, including for a VA examiner's opinion regarding the Veteran's bilateral hearing loss and upper extremity radiculopathy.

The Veteran's service-connected disabilities have worsened, and the Board finds it necessary to remand this matter for clarification regarding whether her service-connected disabilities preclude her from performing the duties of the occupation for which she previously was found rehabilitated or if the occupation is unsuitable on the basis of her specific employment handicap.

The Veteran's service-connected disabilities, while limiting his employment opportunities, do not meet the criteria for a TDIU as they are less than total in severity and he has other employable skills.

The Veteran's vitiligo is already rated at the maximum 10 percent, and no higher rating is granted.,Throughout the appeal period, the Veteran's low back disability has not met the criteria for a rating in excess of 30 percent.,Prior to December 1, 2020, the Veteran's radiculopathy of the right lower extremity did not meet the criteria for a higher than 10 percent rating. Beginning December 1, 2020, it did not meet the criteria for a higher than 20 percent rating.,Prior to December 1, 2020, the Veteran's radiculopathy of the left lower extremity did not meet the criteria for a higher than 10 percent rating. Beginning December 1, 2020, it did not meet the criteria for a higher than 20 percent rating.

The Veteran's appeal for initial compensable ratings on several service-connected conditions, including a right knee scar and back disability, is remanded due to the need for additional evidence or examination. The TDIU claim from November 19, 2008, to October 22, 2009, is granted.

The Veteran's appeals for service connection and rating increases have been dismissed due to his withdrawal of the appeals.

The Board has remanded the claims for service connection for a back disorder and bilateral lower extremity radiculopathy associated with the back disorder due to additional development being required.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow a substantially gainful occupation.

Service connection for IBS is granted.,PTSD with Depression and Panic Disorder was previously denied, but a higher rating of 50% prior to September 8, 2015, and 70% on or after that date is granted.,Lumbosacral Strain has been rated at 10% prior to January 11, 2021, and 20% on or after that date. The claim for a higher rating remains pending.,Right Lower Extremity Radiculopathy was previously denied, but the claim is remanded due to insufficient evidence.

The Board has restored service connection for degenerative arthritis of the spine with intervertebral disc syndrome, left lower sciatic nerve radiculopathy, and right lower sciatic nerve radiculopathy. The original grants were based on evidence showing a link between current symptoms and service-connected conditions.