Radiculopathy & sciatica decisions — 2021

The Veteran's claim for service connection for a low back disability has been reopened and granted.,Service connection is also granted for left lower extremity radiculopathy, which is related to the service-connected low back disability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to April 3, 2017 and from August 2, 2017 due to insufficient evidence showing that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected lumbar spine disability and radiculopathy of the lower left extremity have precluded him from securing and following substantially gainful employment consistent with his educational and occupational experience.

The Board has remanded the Veteran's claims for service connection for various joint disabilities, including back, wrist, and elbow conditions. The appeals are based on his service in Southwest Asia during Operation Desert Storm. Further medical evaluation is needed to determine if these conditions are related to his Gulf War service.

For the rating period from January 14, 2008 to January 23, 2009, an increased disability rating in excess of 20 percent for the lumbosacral strain with degenerative changes (lumbar spine disability) is denied.,For the rating period from January 23, 2009 forward, an increased disability rating in excess of 40 percent for the lumbar spine disability is denied.,A higher initial disability rating in excess of 10 percent for right lower extremity radiculopathy is denied.,A higher initial disability rating in excess of 10 percent for left lower extremity radiculopathy is denied.

The Board denied the Veteran's claims for earlier effective dates for service connection and VA compensation benefits due to a lack of qualifying service prior to his discharge being changed from Under Other Than Honorable Conditions to honorable in August 2016.

The Board has remanded the claims for left foot, hip, knee, and cervical radiculopathy disabilities due to incomplete information or evidence.,Service connection is being denied for GERD.

Total loss of sphincter control is granted. Special monthly compensation for loss of use of both lower extremities and loss of anal and bladder sphincter control under 38 U.S.C. § 1114(o) is granted.,Service connection for radiculopathy of the right upper extremity, coronary artery disease, eye disabilities, and a left hand disability are remanded.

The Veteran's low back injury prior to November 20, 2008 was granted a 40 percent evaluation.,The Veteran's radiculopathy of the left lower extremity and right lower extremity were each granted increased evaluations from May 19, 2011 onwards.

The Veteran's appeal is denied as the Board finds that his conditions do not warrant higher ratings for PTSD, lumbar spine DDD, sciatic nerve radiculopathy, knee DJD, shoulder DJD, ankle DJD, elbow tendonitis, or foot plantar fasciitis.

The Veteran's claims for increased disability evaluations were denied. The Board found that the evidence did not support a finding of marked limited motion in any ankle or knee, and thus no higher ratings under applicable diagnostic codes could be granted.

The Board denied service connection for degenerative arthritis of the spine, left lower extremity lumbar radiculopathy associated with a back disability, and irritable bowel syndrome (IBS) as there was no credible evidence linking these conditions to active military service.

The Board denied service connection for a back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and erectile dysfunction. The Veteran's headaches were also denied an initial rating in excess of 30 percent.,Service connection was not granted as the evidence did not support that any current diagnosed conditions resulted from service or a service-connected disability.

The Veteran's right upper extremity cervical radiculopathy is granted as secondary to her service-connected cervical spine disability. A 40 percent rating for her lumbar spine disability is granted, effective from February 27, 2015. The Veteran's PTSD is rated at 70 percent since the entire rating period on appeal.

The Veteran's claims for increased ratings for his chronic headaches, thoracolumbar spine DDD, and lower extremity radiculopathy have been granted. The specific rating assigned varies based on the date of onset or progression of each condition.

The Veteran is granted a higher rating of 40 percent for his right shoulder disability prior to November 18, 2019 and denied in excess of 40 percent from that date.,The Veteran's radiculopathy is rated at 40 percent effective November 18, 2019.,The Veteran's scars are currently rated as 10 percent disabling.

The Board has dismissed all active appeals due to the Veteran's withdrawal of his claims.

The Veteran's claims for increased ratings for bilateral hearing loss and right lower extremity radiculopathy were denied. The Board found that the Veteran did not meet the criteria for a compensable evaluation for his bilateral hearing loss, and that he did not meet the criteria for an initial rating in excess of 10 percent for his right lower extremity radiculopathy prior to November 9, 2020, or in excess of 60 percent thereafter.

The Board denied service connection for Lyme disease, dizziness as due to Lyme disease, ataxia as due to Lyme disease, and cervical radiculopathy as due to Lyme disease. The Veteran's symptoms were not shown during active service and are not considered related to military service.

The Veteran's service-connected degenerative disc disease with bilateral lower extremity radiculopathy have prevented him from securing or following substantially gainful employment since August 7, 2010.