Radiculopathy & sciatica decisions — 2021

The Veteran requested to withdraw his appeal on the issue of a compensable rating for infectious skin condition.,The Veteran's major depressive disorder, generalized anxiety disorder, and alcohol use disorder have resulted in occupational and social impairment with deficiencies in most areas since June 1, 2016. The Veteran is granted a 70 percent rating for this period.,The Veteran is granted TDIU effective March 13, 2020.,There are issues regarding service connection for cervical spine disability and right upper extremity radiculopathy. These issues have been remanded for further review.,Service connection may be established if the condition onset in or is causally related to service.

The Veteran's lumbar strain with spondylosis is granted a 40 percent rating, and his right and left lower extremity radiculopathies are denied ratings in excess of 10 percent.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment prior to June 1, 2010. The Board finds that a TDIU is warranted for this period.

The Veteran's claims for increased ratings for his service-connected neck disability, low back disability, and radiculopathy of the right lower extremity were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities, including rheumatoid arthritis, degenerative disc disease (IVDS), sciatica (right and left legs), and a scar on her right lumbar region, preclude her from securing or following substantially gainful employment. The Board has granted entitlement to TDIU for the periods specified.

The Veteran has withdrawn his appeals for service connection for various conditions, including tinnitus, bilateral hearing loss, sciatic nerve disability, pleurisy, tuberculosis, and back disability. The Board dismissed the appeals due to the Veteran's withdrawal.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding the nature, etiology, and severity of his claimed conditions. The issues include right hip arthritis, glaucoma, gout, hearing loss, knee disability, and sleep disability.

The Veteran's claims for service connection and increased ratings have been denied. Effective dates of October 22, 2007, were granted for the diagnoses.

The Veteran's service-connected lumbar spine disability, right lower extremity radiculopathy, skin disability, cervical spine disability, and right upper extremity radiculopathy have been rated as per the criteria. The effective date for the award of a TDIU has been granted earlier than April 17, 2020, and an earlier effective date for the establishment of basic eligibility for education benefits under Chapter 35 (DEA) has also been granted.

The Veteran's service-connected conditions do not render him unemployable, as he can perform sedentary work with some restrictions.

The Veteran's claims for increased ratings for his low back disability, left and right lower extremity radiculopathy disabilities, and surgical scar post diskectomy are being remanded due to the need for new VA examinations to determine their current severity.

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

The Board has granted service connection for a low back disability but has remanded the right-hand disability claim due to inadequate examination.

The Board has remanded the cases for further development due to inadequate examination reports and need for additional medical opinions.

The Veteran's back disability and related radiculopathy issues, as well as his right knee limitation of flexion and painful extension, were granted increased ratings. His left knee disability was denied an initial rating in excess of 10 percent.

The Veteran's lumbosacral strain with degenerative arthritis, right and left lower extremity radiculopathy disabilities have been granted ratings from July 1, 2011 to January 23, 2019. The Veteran is now in receipt of a 40 percent rating for his lumbar spine disability. For the period beginning December 14, 2017 to November 18, 2019, he was granted ratings of 20 percent for right and left lower extremity radiculopathy (sciatic nerve). The Veteran's claims for increased ratings beyond these periods were denied.

The Veteran's appeals seeking increased ratings for lumbar spine disorder, cervical spine disorder, and right upper extremity radiculopathy have been dismissed as the Veteran withdrew his appeal in writing.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of his reported flare-ups.

The Board has granted service connection for lumbar spine degenerative disc disease, cervical spondylolisthesis, right shoulder acromioclavicular degenerative hypertrophy, and left lower extremity radiculopathy secondary to lumbar spine disability.

The Veteran's appeals have been dismissed as he has withdrawn all of his pending claims.