Radiculopathy & sciatica decisions — 2021

The Veteran's service-connected disabilities prevent her from securing or following substantially gainful employment prior to March 14, 2016.

The Veteran's service-connected left knee, lumbar spine, and related disabilities precluded him from securing or following substantially gainful employment as of July 14, 2011. The case is remanded for further development regarding TDIU prior to that date.

The Board has granted a disability rating of 20 percent for the Veteran's right lower extremity radiculopathy from February 2, 2012.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating as they are not severe enough to prevent him from securing or following substantially gainful employment.

The Veteran's combined service-connected disabilities render him unable to secure and follow a substantially gainful occupation, but his right ankle disability does not warrant an extraschedular rating. The claims for sleep apnea and entitlement to an extraschedular TDIU are remanded.

The Board has granted service connection for bilateral lower extremity radiculopathy and remanded the issue of service connection for a left knee disability.

The Veteran's claims for increased ratings for migraine headaches and service connection for bilateral hearing loss, radiculopathy of the left lower extremity and upper extremities, and diabetes mellitus were denied. The Veteran was awarded a 50% rating for his migraine headaches effective May 8, 2019.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records review.

The Board denied the Veteran's claim for service connection for right foot disability and TDIU prior to July 29, 2016. The Veteran did not have a current right foot disability beyond those already service-connected.

The Board has remanded the case for further development, including obtaining additional medical records and providing a retrospective opinion regarding the Veteran's L5-S1 degenerative joint disease.

The Veteran's right and left lower extremity radiculopathy disabilities have been denied as the evidence does not show moderate or more severe impairment.,The Veteran's low back strain disability has been remanded for further development.

The Board has remanded the cases due to insufficient examination and opinion regarding the Veteran's claimed cervical radiculopathy and right upper extremity neuropathy. The examiner must provide an addendum opinion addressing causation and aggravation of these conditions.

The Board has remanded the Veteran's claims for service connection and increased rating of his left peroneal nerve neuropathy, as well as his right and left lower extremity radiculopathy. The Veteran is to be scheduled for VA examinations to assess these conditions.

The Board denied service connection for cervical spine disability, eye disabilities, and gastrointestinal disorders. The Veteran's current conditions were not shown to be related to his military service.

The Veteran's appeal is remanded for further development, including obtaining updated VA and non-VA treatment records, arranging for orthopedic examinations to assess the severity of his service-connected lumbar spine and right wrist disabilities, and resolving discrepancies in previous examination findings.

The Veteran's spinal stenosis of the lumbar spine, including degenerative arthritis and intervertebral disc syndrome (IVDS), is rated at 40 percent effective June 13, 2014. The right lower extremity femoral nerve radiculopathy is granted a higher rating of 20 percent since December 14, 2016. The left lower extremity sciatic nerve radiculopathy is also granted a higher rating of 20 percent effective December 14, 2016. Effective March 26, 2015, the Veteran's TDIU and basic eligibility for DEA benefits are granted.

The Veteran's appeals for increased ratings for sciatica, left lower extremity; herniated disc with muscle strain and intervertebral disc syndrome (IVDS), lumbar spine; and strain, cervical spine have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's temporary total disability rating for convalescence following his neck surgery is denied as he did not require extended convalescence beyond February 1, 2014.,The Veteran's TDIU claim is granted due to the combined effect of multiple service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case due to insufficient information for assigning disability ratings and effective dates. The Veteran's claims for increased ratings and earlier effective dates are pending.

The Board has decided to remand two issues: the rating for chronic lumbar syndrome of L4-5 and the evaluation for left lower extremity radiculopathy. The Veteran's claims are being returned due to inadequate development.