Radiculopathy & sciatica decisions — 2021

The Veteran's lumbosacral strain was rated at 40% from April 26, 2010 to April 26, 2015. The Board granted TDIU effective January 1, 2012.

The Board has granted service connection for cervical radiculopathy of the right and left upper extremities as secondary to service-connected cervical spine degenerative arthritis.

The Board denied service connection for a low back disability and bilateral sciatica, finding that the Veteran did not have current disabilities or evidence of continuity of symptoms since service.,The Board also found no secondary service connection for bilateral sciatica as it was not linked to his primary low back disability.

The Board denied service connection for a low back disability and right hip disability, but granted service connection for right lower extremity radiculopathy.,Right lower extremity radiculopathy is considered secondary to the Veteran's pre-existing back condition.

The Board dismissed all appeals for rating increases and earlier effective dates related to the Veteran's service-connected conditions.

The Veteran's PTSD is currently rated as 70 percent disabling, and the Board has remanded for further development.,Service connection for right shoulder arthritis was granted.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate examinations used in previous decisions. The cases are being returned for further development.

The Veteran's service connection claims for degenerative arthritis of the spine, radiculopathy of the left and right lower extremities, sinusitis (including chronic cough), and bilateral hearing loss are being remanded due to insufficient evidence in some cases.

The Veteran is granted a TDIU based on his service-connected degenerative changes of the lumbar spine and associated radiculopathy of the left and right lower extremities prior to January 15, 2010.,The Veteran's Dependents' Educational Assistance (DEA) claim for the period from December 30, 2005 to June 2, 2008 is also granted.

The Veteran's low back disability is rated at 40 percent, effective December 2, 2020. His sciatica of the left lower extremity is rated at 40 percent, effective October 9, 2015. His radiculopathy of the right lower extremity is rated at 20 percent, effective December 3, 2020.

The Veteran's service-connected major depressive disorder is found to be the primary cause of her insomnia, and she is already in receipt of a 30% rating for anemia. The claims for fibromyalgia, diabetes mellitus type II, radiculopathy and peripheral neuropathy, Creutzfeldt-Jakob disease, and mouth trauma are remanded.

The Veteran's service-connected disabilities, including Degenerative Disc Disease (DDD), stroke residuals, and peripheral neuropathy, are found to be at least in equipoise as to whether they prevent him from securing or following substantially gainful employment. As a result, the Board has granted entitlement to total disability rating based on individual unemployability due to service-connected disabilities effective August 25, 2011.

The Veteran's TDIU claim is granted for the period from April 1, 2014. Prior to that date, his TDIU was denied as he had been gainfully employed or able to obtain substantially gainful employment due to his service-connected disabilities.

The Veteran's right lower extremity sciatic radiculopathy is currently rated at 20 percent, and the left lower extremity sciatic radiculopathy is currently rated at 40 percent. The Board denied increased ratings for both conditions.,The Veteran also sought SMC based on loss of use of his left foot due to his sciatic radiculopathy. The Board found that there was no evidence demonstrating 'loss of use' and thus denied the claim.

The Board has granted service connection for lumbosacral degenerative disc disease, right lower extremity radiculopathy of the sciatic nerve, and left lower extremity radiculopathy of the sciatic nerve associated with lumbosacral degenerative disc disease.

The Board has remanded the case due to inadequate development of medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected disabilities. The VA examiner did not provide sufficient rationale for their opinions, and failed to consider the Veteran's lay statements and medical articles.

The Veteran's right lower extremity radiculopathy due to sciatic nerve has been rated at 10 percent since February 19, 2013. The Board finds the evidence does not support a higher rating as his symptoms have consistently been described as mild incomplete paralysis.

The Board has remanded the case due to the need for updated treatment records and a VA examination to assess the severity of the Veteran's bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since December 7, 2009.

The Board has determined that the Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities, including low back strain with degenerative joint disease. The TDIU will be granted but without an effective date.