Radiculopathy & sciatica decisions — 2021

The Veteran's claims for increased ratings for postoperative scar, lumbar spine and lumbar radiculopathy of the right and left lower extremities have been denied. The Board found that the Veteran's postoperative scar did not meet criteria for a compensable rating under Diagnostic Code 7805. For his lumbar radiculopathy, the Board determined that the evidence did not support ratings higher than 40 percent after January 28, 2021.

The Veteran's claims for service connection for gout, PTSD, right knee disability, left knee disability, erectile dysfunction, and higher ratings for lumbar spine disability, radiculopathy of the lower extremities, and residuals of TBI have all been denied. The Board found that there was no evidence linking any current conditions to service.

The Veteran's service-connected disabilities, including lumbar spine degenerative arthritis and multiple radiculopathies, have rendered him unable to secure and follow substantially gainful employment since March 9, 2017.

The Veteran's low back disability is rated at 40 percent since November 13, 2006 and higher ratings are denied.,Separate 40 percent ratings for bilateral lower extremity radiculopathy have been granted effective June 3, 2011, with even higher 60 percent ratings since May 20, 2015.

The Veteran's bilateral hearing loss is rated as noncompensable, and the Board finds that he does not meet the schedular requirements for a TDIU.,The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

The Veteran's cervical spine, right upper extremity cervical radiculopathy, left upper extremity cervical radiculopathy, and headaches have been granted service connection. However, the low back disability remains under review due to insufficient evidence.

The Veteran's claims for effective dates earlier than April 10, 2018 for the grant of service connection for various conditions have been denied.,Effective dates cannot be established before the date of separation from active duty or the date entitlement arose if within one year.

The Board has remanded the cases for additional development due to incomplete or insufficient examinations, and because the issues are inextricably intertwined with the cervical spine disability.

The Veteran's service-connected disabilities, including end-stage renal disease and peripheral neuropathy, have rendered him unable to maintain substantially gainful employment since April 13, 2010. The Board has granted a TDIU effective from that date.

The Veteran's appeals for the reduction of his migraine headaches disability rating, reopening service connection claims for various conditions, and for service connection for certain lung issues have been withdrawn by his attorney.

The Veteran's service-connected lumbar spine DDD is granted a 40 percent rating, but no higher. The Veteran's service-connected left lower extremity radiculopathy with nerve impingement (LLE radiculopathy) is denied any increase in rating.

The Board has remanded the Veteran's claims for increased rating and service connection due to incomplete notification of VA examinations, and the need for further examination and review of evidence.

The Board has denied the Veteran's claim for service connection for low back disability and right leg sciatica, finding that there is no evidence to support a causal relationship between his service-connected disabilities and these conditions.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to March 19, 2016.

The Board has denied the Veteran's claims for service connection for right wrist, lumbar spine, sleep impairment, and left sciatic nerve disabilities. The evidence does not support a finding that these conditions are related to his military service.

The Veteran's appeal for service connection of residuals of a traumatic brain injury was dismissed.,Service connection for radiculopathy of the left lower extremity and obstructive sleep apnea, to include on a secondary basis, were both denied.

The Board denied the Veteran's claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) as his service-connected conditions did not render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection due to the need for additional examinations and opinions regarding his claimed conditions.

The Veteran's old fracture deformity of the pubic symphysis has been manifested by forward flexion of the thoracolumbar spine to, at worst, 40 degrees. The Board denied a rating in excess of 20 percent for this condition.

The Veteran's low back and cervical spine disabilities with radiculopathy are granted as they are related to service.,Tinnitus is also granted, attributed to noise exposure during active service.