Radiculopathy & sciatica decisions — 2021

The Veteran's service-connected PTSD, radiculopathy in his bilateral lower extremities, right shoulder disability, and lumbar spine disability prevented him from securing and maintaining a substantially gainful occupation.

The Board has remanded the case due to incomplete compliance with previous directives and an additional examination is needed.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 20 percent for service-connected lumbar spine herniated disc and a rating in excess of 10 percent for service-connected radiculopathy of the right lower extremity due to inadequate development.

The Board has remanded the claims for migraine headaches, obstructive sleep apnea, left ankle condition, right ankle condition, myoclonic jerks, and left lower extremity radiculopathy of the sciatic nerve and tibial, peroneal, and cutaneous nerves due to new evidence received since the last denial.

The Board dismissed the appeal as the appellant was found eligible to attorney fees for past-due benefits awarded in the February 2021 rating decision, which replaced the January 2021 rating decision. The effective date of the TDIU award is March 7, 2019.

The Veteran's TDIU claim is granted due to his service-connected disabilities, which include coronary artery disease and diabetic retinopathy, making it impossible for him to secure or follow a substantially gainful occupation.

The Veteran's claim for a rating of 60 percent from March 29, 2017 to November 25, 2019 for asbestosis has been granted. The effective date is set at the date of claim or the date entitlement arose, whichever is later.

The Veteran's bilateral lower extremity sciatic and femoral radiculopathy were granted evaluations of 40 percent each, effective from November 20, 2020. The Veteran's back scarring was denied a compensable evaluation.

The Board has granted service connection for low back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and chronic kidney disease. Bilateral hearing loss is remanded.

The Board has remanded the case for further development, including obtaining missing private treatment records and a VA examination to assess the current severity of the Veteran's service-connected lumbar spine strain and radiculopathy.

The Board has dismissed the appeals for service connection of various spinal and extremity disabilities due to the Veteran's death.

The Board has remanded the Veteran's claim for further examination to determine if his scoliosis with kyphosis of the thoracic spine is related to service, and whether it arose from a congenital defect or a disease capable of aggravation.

The Veteran's service-connected low back disability and associated radiculopathy are being remanded for further examination and development. The TDIU claim is also being remanded due to the need for additional information regarding his employment status.

The Board has granted service connection for cervical spine degenerative disc disease, status post fusion and bilateral upper extremity radiculopathy (claimed as bilateral hand numbness) as secondary to service-connected cervical degenerative disc disease.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the severity of his service-connected depressive disorder, diabetic neuropathy affecting lower extremities, and overall disability rating.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, and he seeks a higher rating. The Board has found the VA examination inadequate for rating purposes due to an inaccurate factual premise and remanded for further evaluation.

The Veteran's service-connected disabilities, including diabetes and multiple types of peripheral neuropathy, have rendered him unable to secure or follow substantially gainful employment as of December 20, 2016. The Board finds that the combined effect of his physical and psychiatric conditions has made it impossible for him to engage in any form of substantial gainful employment.

The Veteran's TDIU claim is denied prior to January 1, 2008. The cervical spine and radiculopathy claims are remanded for additional examinations.