Radiculopathy & sciatica decisions — 2021

The Board has granted service connection for mild degenerative disc disease, thoracolumbar spine with mild compression fractures and bilateral lower extremity radiculopathy, finding that these conditions are etiologically related to service.

The Board has remanded the cases due to an incomplete search for ship logs of the U.S.S. Hollister, which may have corroborated the Veteran's account of exposure to hazardous fumes resulting in his current disabilities.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board has granted TDIU beginning January 9, 2014.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, which is granted.

The Veteran's right lower extremity radiculopathy is granted with a disability rating of 20 percent.,The Veteran's left lower extremity radiculopathy prior to November 19, 2015 is granted with a disability rating of 20 percent. From November 19, 2015 to November 22, 2016 the Veteran's left lower extremity radiculopathy is denied and from November 22, 2016 onwards it is granted with a disability rating of 20 percent.

The Board has remanded the claims for left leg pain, right leg pain, and left lower extremity sciatica due to a need for additional medical examination.

The Veteran's claims for increased ratings and TDIU have been denied. The right shoulder disability is rated at 20 percent, the cervical spine disability remains at 20 percent, and the radiculopathy of both upper extremities are also rated at 20 percent.

The Veteran's TDIU claim for prior to October 19, 2020 is denied as his service-connected disabilities did not preclude him from securing and following substantially gainful employment. The SMC housebound rate claim is also denied due to the absence of a single, permanent service-connected disability rated at 100 percent.

The Veteran's TDIU claim was remanded by the Board in November 2020. Since then, he has been granted service connection for right and left lower extremity radiculopathy of the femoral and sciatic nerves and a scar of the right knee. The issue must be readjudicated considering all his service-connected disabilities.

The Veteran's service connection claims for neurological impairment of the left and right lower extremities, diagnosed as radiculopathy of the sciatic nerve, are granted. The claim for bilateral hearing loss is denied.

The Veteran's claim for a higher rating for his lumbar spine disability and left lower extremity radiculopathy (prior to December 23, 2020) was denied as the evidence did not support a rating in excess of 10 percent.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right lower extremity neurologic and/or orthopedic condition.

The Veteran's claims for service connection for left lower extremity radiculopathy and a rating in excess of 20 percent for his lumbar spine disability were denied. The Board found that the evidence did not support these claims.

The Veteran's claims for higher ratings for his service-connected lumbar spine, lower extremity radiculopathy, and PTSD are being remanded due to the need for additional examinations and development.

The Veteran's increased rating for arthritis of the lumbar spine is denied.,Rating in excess of 10 percent for right lower extremity radiculopathy prior to May 16, 2017 and in excess of 20 percent thereafter is denied.,Compensable rating for right lower extremity radiculopathy (femoral nerve) prior to December 12, 2016 and in excess of 30 percent thereafter is denied.,Compensable rating for left lower extremity radiculopathy (femoral nerve) prior to October 27, 2020 and in excess of 20 percent thereafter is denied.,The Veteran's entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Veteran's lumbar spine DDD with sciatic neuropathy was granted a single 60 percent initial rating prior to February 27, 2018. From that date onwards, separate 40 percent ratings were granted for right and left lower extremity sciatica.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to obtain or maintain substantially gainful employment.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's lumbar spine condition and bilateral radiculopathy, which are believed to be related to service.

The Veteran's claims for increased ratings for his service-connected lumbar strain, sciatic nerve paralysis (left lower extremity radiculopathy), left knee chondromalacia, and right knee chondromalacia are being remanded due to procedural issues with the medical opinions provided in previous examinations.

The Veteran was granted a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities from February 1, 2005.