Radiculopathy & sciatica decisions — 2021

The Veteran's lumbar IVDS and associated radiculopathy were rated based on their combined disability rating of 80 percent, with separate ratings for each affected nerve.

The appellant withdrew their appeals for the cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, and glaucoma claims.

The Board has jurisdiction over these issues as part of the cervical spine arthritis rating claim. The Veteran's radiculopathy claims are remanded for a VA neurology examination to clarify whether he has upper extremity radiculopathy and its severity, and to determine if it is related to his service-connected cervical spine condition.

The Veteran's service-connected disabilities, including PTSD and lumbar spine disorder, render her unable to maintain substantially gainful employment consistent with her education and occupational background.

The Veteran's claims for service connection for various conditions, including anxiety and depression, tinnitus, bilateral foot disorders, left knee disorder, bilateral sciatic nerve disorders, and sinusitis, have all been denied. The Board found no current disability associated with the claimed conditions.

The Veteran's appeal regarding an initial rating in excess of 10 percent for right lower extremity radiculopathy was dismissed. The Veteran's major depressive disorder is granted with a 70 percent rating throughout the appeal period.

The Board denied the Veteran's claims for service connection for left and right lower extremity radiculopathy, finding that there was no evidence linking these conditions to his military service.

The Veteran's service connection claims for bilateral upper extremity radiculopathy and bilateral knee osteoarthritis have been granted. However, the claim for bilateral lower extremity radiculopathy is remanded due to a duty-to-assist error.

The Board dismissed the appeal for service connection claims and rating increases due to the appellant's death.

The Board has granted service connection for left knee arthritis and left lower extremity radiculopathy and sciatica (claimed as left foot disability). The Veteran's current disabilities are found to be related to his in-service motor vehicle accident, which resulted in a back injury requiring surgery.

The Board has denied service connection for back disorder, left sciatica, and left hip disorder as there is no evidence to support a direct relationship between these conditions and the Veteran's military service or his service-connected left ankle arthritis with tendinosis.

The Board has decided that the Veteran's claim for service connection for sciatica of the right lower extremity, to include as secondary to her service-connected low back strain, should be remanded due to incomplete examination findings.

The Veteran's cervical radiculopathy of the left upper extremity and musculoskeletal disability of the left shoulder have been granted service connection. The claim for a disability of the left elbow, including ulnar neuropathy/cubital tunnel syndrome, is remanded.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her combined rating of 70% or more makes it at least as likely as not that she is unable to secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to incomplete development regarding his exposure to hazardous substances at Fort McClellan, Alabama. The claims will be further developed and readjudicated.

The Board has determined that the Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, thus denying his claim for a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for a right upper extremity neurological disability, finding no evidence of onset during service or within one year of presumed herbicide exposure. The disabilities were not related to service.

The Veteran's low back disability is granted a 40 percent rating from April 4, 2016 to September 18, 2018. Ratings for right and left lower extremity radiculopathy are denied. TDIU is granted as of April 4, 2016.

The Board has found that another remand is necessary as there has not been substantial compliance with the prior Board's directive to afford a separate nerve examination for the Veteran's sciatic nerve disability. The Veteran needs to be scheduled for such an examination.

The Board has remanded the issues of service connection for right shoulder, left elbow, and right hand disabilities due to insufficient development in prior examinations.