Radiculopathy & sciatica decisions — 2021

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating due to individual unemployability.

The Veteran's service-connected disabilities prior to November 4, 2019 do not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's bilateral lower extremity radiculopathy was granted a 40 percent evaluation effective January 22, 2020. The decision also denied evaluations in excess of 40 percent for the period after that date.

The Veteran's claims for increased ratings for cervical spine disorder and right upper extremity radiculopathy were denied. The case was also REMANDED for additional development due to the presence of a new issue (service connection for sleep apnea).

The Board has remanded the Veteran's claims for additional development, including obtaining clarification on TDIU and scheduling VA examinations to assess her cervical spine disability and upper extremity radiculopathy.

The Veteran was granted a TDIU for the period from September 11, 2014 through August 20, 2018 due to his service-connected low back disability.

The Veteran's service-connected disabilities, in combination, have precluded his employability since June 18, 1983. The Board has granted a TDIU effective June 18, 1983 on an extraschedular basis and dismissed the claims for higher initial ratings for bilateral knee disabilities.

The Veteran's leukemia is granted service connection. The claims for hernia, neck disability, and bilateral upper extremity radiculopathy are remanded.

The Veteran's lumbar spine disability is rated at 20 percent, effective July 7, 2017. The initial ratings for radiculopathy of the left and right lower extremities are denied.

The Veteran's low back disability is rated at 40% and right lower extremity radiculopathy at 10%. The acquired psychiatric disorder (depression) prior to September 23, 2016, is not rated higher than 30%.,No new rating is granted for the Veteran's low back disability or right lower extremity radiculopathy. The acquired psychiatric disorder (depression) from September 23, 2016, is not rated higher than 70%.

The Board is remanding the claims for an effective date earlier than April 17, 2009 for service connection and higher ratings for radiculopathy to allow the AOJ to properly consider these issues.

The Board has determined that the Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation since September 2010.

The Board has determined that additional examinations and medical opinions are needed to properly assess the Veteran's service-connected conditions, as well as to determine if there is a relationship between his current disabilities and active service. The claims for increased ratings and service connection will be remanded.

The Veteran's claim for a higher rating for right lower extremity radiculopathy prior to October 13, 2020, and since that date is denied. The Veteran's claim for service connection for left lower extremity radiculopathy is granted.

The Board has granted a separate rating of 20 percent for left lower extremity radiculopathy, finding that the Veteran's condition is primarily manifested by mild intermittent pain, moderate paresthesias and/or dysesthesias and moderate numbness. The issue of service connection for polyneuropathy of the bilateral feet was referred to the AOJ.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including lumbar spondylosis with degenerative disc disease, left and right knee chondromalacia, and radiculopathy. The issues include seeking higher ratings for these conditions.

The Veteran's cervical spine strain was granted a 30% rating effective January 30, 2020.,The Veteran's lumbar spinal arthritis with IVDS was granted a 40% rating effective September 20, 2017.

The Board has remanded the Veteran's claims for increased ratings for his lumbar strain, lower extremity radiculopathies and his claim seeking a TDIU due to service-connected disabilities. The case is being returned to the RO for consideration of newly associated medical evidence.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.,Special monthly compensation by reason of housebound status or need for regular aid and attendance is also being remanded.

The Board has dismissed the appeals for a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine status post spinal fusion, an initial rating in excess of 10 percent for a healed surgical scar on the upper posterior trunk, and an effective date earlier than May 19, 2014 for the award of service connection for left lower extremity radiculopathy.