Radiculopathy & sciatica decisions — 2021

The Board has granted service connection for a lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, and an acquired psychiatric condition (unspecified depressive disorder) as secondary to the Veteran's service-connected lumbar and cervical disabilities. The decision is based on evidence showing continuity of symptomatology since service.

The Board denied the Veteran's earlier effective date claims for TDIU and DEA, finding that his service-connected disabilities did not meet the schedular criteria for a TDIU or DEA at any time prior to February 1, 2013.

The Veteran's major depressive disorder has been granted a maximum 100 percent disability rating effective December 3, 2013.,A total disability rating based on individual unemployability due to major depressive disorder was also granted.

The Veteran's appeals for increased ratings have been dismissed due to their death.

The Board has granted an earlier effective date for TDIU from July 31, 2012. The decision finds that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment as of this date.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran is not entitled to an increased rating greater than 20 percent for his service-connected lumbar spine arthritis prior to December 21, 2015 but is entitled to a 20 percent disability rating from December 21, 2015 and a 20 percent disability rating for left lower extremity radiculopathy. The Veteran's claim for TDIU was also denied.

The Board has remanded the claims for additional evidence and readjudication.

The Veteran withdrew his claims for service connection for PTSD and dysthymic disorder (claimed as sleep disturbances). The Board has remanded the remaining issues including increased ratings for lower extremity radiculopathy, intervertebral disc syndrome, and a TDIU.

The Board has found that additional development is needed for the issues on appeal, including obtaining treatment records and scheduling VA examinations to evaluate the Veteran's spine disability and address service connection claims.

The Board has decided to remand the claims for service connection for low back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient consideration of the Veteran's service treatment records from August 1973.

The Veteran's service-connected disabilities, including adjustment disorder and multiple musculoskeletal conditions, are found to be so severe that they render him unable to secure or follow substantially gainful employment.

The Veteran's left lower extremity radiculopathy is rated at 20 percent, and his right lower extremity radiculopathy is rated at 10 percent, both effective February 1, 2011.

The Veteran's service-connected back disability, right and left lower extremity radiculopathy were granted an effective date of June 28, 2017. The rating for the lumbar spine scar was granted with a 40% rating effective August 10, 2018.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent, from July 29, 2014, to October 27, 2019, and in excess of 60 percent thereafter, for lumbosacral strain and IVDS; as well as initial ratings of 10 percent, from August 27, 2013, to October 28, 2019, and in excess of 40 percent thereafter, for radiculopathy of the left and right lower extremities. The remand includes obtaining additional medical evidence and conducting a new examination.

The Veteran's service-connected spinal fusion and bilateral lower extremity radiculopathy have resulted in unemployability, based on the evidence discussed. The Board affords the Veteran the benefit of doubt and finds that his service-connected disabilities satisfy the criteria for Total Disability Evaluation Based on Individual Unemployability (TDIU).

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU based on his combined disability rating of 50%.

The Board has denied the Veteran's claims for service connection for a cervical spine condition, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board found that there is no evidence of a nexus between these conditions and the Veteran's active duty service or his service-connected back disability.

The Board has determined that there is insufficient evidence to adjudicate the claim for SMC based on the need for aid and attendance due to service-connected disabilities. The case is being remanded to schedule a VA examination to assess the impact of all service-connected disabilities on the need for aid and attendance.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues related to his lumbar spine disability, radiculopathy of the lower extremities, and unemployability.

The Veteran's PTSD and other service-connected disabilities make it impossible for him to secure or maintain substantially gainful employment, thus meeting the criteria for a TDIU.