Radiculopathy & sciatica decisions — 2021

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA treatment records, incomplete examination reports, and the need for additional examinations. The issues are inextricably intertwined.

Your right lower extremity radiculopathy claim has been dismissed as the Veteran opted into the modernized review system (AMA). The Board does not have jurisdiction to address this issue further.

The Board has determined that further development is necessary to properly evaluate the Veteran's service-connected chronic lumbar strain and bilateral lower extremity radiculopathy, including assessing the severity of flare-ups.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantial gainful employment, as evidenced by his continued full-time employment.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment due to physical limitations.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected back disability.

The Veteran's claims for tinnitus, sinusitis, headaches, acid reflux, esophagitis, thyroid, and abdominal hernia have been dismissed as the Veteran withdrew her appeal.,Service connection has been granted for lumbar spine DDD, sciatica of the bilateral lower extremities, left hip osteoarthritis, and bilateral knee osteoarthritis.

The Veteran's claim for a higher initial rating for his service-connected complex regional pain syndrome involving the sciatic nerve, LLE was granted. The claim for an increased rating for his saphenous nerve disability remains denied.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the old or new rating criteria.

The Board denied the Veteran's claim for service connection for his back disability, finding that there was no evidence of a chronic condition in service or within one year after discharge. The current disability is not related to any in-service injury.

The Veteran's initial disability rating for left leg radiculopathy was granted at a 20 percent level prior to October 27, 2020. From that date, the Veteran received an increased rating of 40 percent.

The Veteran's acquired psychiatric condition is granted as secondary to his service-connected orthopedic conditions. Various issues of service connection and disability ratings are also granted or remanded.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and to clarify his reported in-service hospitalization. The claims for service connection are therefore being remanded.

The Veteran's radiculopathy of the sciatic nerve of the left lower extremity and lumbar disc disease were denied as they do not warrant a rating higher than 40 percent.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining any form of gainful employment consistent with his work and education background.

The Board has granted a 20 percent rating for the Veteran's radiculopathy of the left leg, effective from November 6, 2014. The maximum schedular rating was not assigned for the entire period on appeal.

The Board denied dependency and indemnity compensation based on service connection for the cause of the Veteran's death, finding that there is no evidence to support a relationship between his service-connected disabilities (back, lower extremity radiculopathy, hearing loss, tinnitus) and his death from myocardial infarction.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence added to his file after a July 2020 SSOC. The RO must consider this additional evidence in its initial review.

The Board denied the Veteran's requests for earlier effective dates for increased ratings and service connection due to lack of factual support within one year prior to his January 2016 intent to file.