Radiculopathy & sciatica decisions — 2021

The Board has remanded the Veteran's claims for left lower extremity radiculopathy due to incomplete information and need for further development.

The Veteran's neck disability, left arm disability, right arm disability, left leg disability, and right leg disability are all related to his military service. The VA has remanded these issues for further development.,Service connection is being remanded for the Veteran's neck disability, LUE PN, RUE PN, LLE PN, and RLE PN as they may be connected to his MOS and exposure to Benzene.

The Veteran's claim for financial assistance for automotive or other conveyance and adaptive equipment is being remanded due to the need for updated VA treatment records, including a new examination of his upper extremity radiculopathy.

The Veteran's back disability is rated at 20 percent, and her radiculopathy of the right lower extremity was initially granted a 10 percent rating before February 5, 2014. The Veteran's claim for a higher rating after that date remains pending.

The Veteran's service connection claims for left lower extremity radiculopathy, left hip disability, and abnormal gait have been granted. The issue of a higher rating for the lumbar spine disability is remanded.

The Veteran's claim for an increased rating for his back disability from April 16, 2013 was denied. The Board found that the Veteran did not meet the criteria for a higher evaluation under the applicable VA rating criteria.

The Board has granted service connection for thoracolumbar spine degenerative disc disease and bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine condition.

The Board has remanded the Veteran's claims for a lumbar spine disability, right and left lower extremity radiculopathy due to duty to assist errors. The Veteran is presumed to have developed rhabdomyolysis from burn pit exposure.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's service-connected low back disability and radiculopathy of the sciatic nerves have been granted initial evaluations, with a focus on the lumbar spine and bilateral sciatica. The evaluations are effective from October 16, 2013.

The Veteran's service connection claim for right ear hearing loss is denied. The VA examiner found no current diagnosis of right ear hearing loss, and the Veteran does not have a current disability related to his thoracolumbar sprain or right shoulder that warrants an increased rating. A separate 10 percent rating was granted for the right sciatic nerve disability.

The Veteran's initial rating for lumbar spine disability is denied, and a higher rating of 20 percent is granted. The Veteran's right lower extremity radiculopathy is rated at 10 percent. Service connection for Hepatitis C is remanded due to conflicting medical opinions. TDIU is also remanded.

The Board denied an initial rating higher than 20 percent for both right and left lower extremity radiculopathy, but granted a 40 percent rating for lumbar spine disability, a 70 percent rating for anxiety disorder, and a TDIU effective April 9, 2015.

The Veteran's right and left lower extremity radiculopathy were both rated at 10% prior to March 3, 2012. From March 3, 2012, the ratings for his right and left lower extremity radiculopathy increased to 20%. The rating for his back condition was also increased from 20% to 40% effective May 27, 2021.,The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbar spine, right knee and left lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Veteran's lumbar spine disability is rated at 20 percent prior to July 19, 2021, and at 40 percent thereafter. The Veteran is entitled to a higher rating for his back disability.,Right and left lower extremity radiculopathy were granted service connection effective April 22, 2014.

The Board denied service connection for radiculopathy of the upper right and left extremities, finding no positive nexus between these conditions and the Veteran's service-connected lumbar spine disorder. The decision also noted that the Veteran requires regular aid and attendance due to his service-connected disabilities.

For the rating period prior to March 26, 2014, the Veteran's service-connected disabilities did not meet the threshold requirements for TDIU and they do not render him unemployable.,From March 26, 2014, the Veteran is in receipt of a 100% disability rating for aortic stenosis with stable angina, status-post heart valve replacement. The issue of entitlement to a TDIU from this date is dismissed as moot due to his already receiving SMC benefits.

The Veteran was gainfully employed until October 22, 2011. His service-connected radiculopathy of the right upper extremity did not prevent him from securing and following substantially gainful employment during this period.

The Board has remanded the cases for further development due to inadequate rationale in previous VA medical opinions. The Veteran's right arm disability, left wrist arthritis, and bilateral hand/wrist conditions are not found to be related to service.