Radiculopathy & sciatica decisions — 2021

The Veteran's claim for a compensable disability rating for right lower extremity radiculopathy prior to September 4, 2019 and in excess of 10 percent thereafter was denied. The Veteran also received an award of TDIU effective March 5, 2015.

The Veteran's SMC claim for regular aid and attendance is granted. The automobile allowance claim is denied due to the absence of permanent loss of use of one or both feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of knees or hips in his service-connected disabilities. The TDIU claim before July 17, 2002, is remanded for extraschedular consideration.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and therefore a TDIU is denied.

The Board has granted service connection for the Veteran's lower back disability and associated radiculopathy of the bilateral lower extremities, finding that the evidence is at least in equipoise as to whether these conditions arose during active service.

The Veteran's TDIU claim is denied as he does not meet the criteria for a schedular or extra-schedular TDIU rating due to his service-connected disabilities alone.

The Board denied the Veteran's claim for VA non-service-connected disability pension benefits as his income and net worth were not provided in a timely manner, and he was found to be permanently and totally disabled due to service-connected disabilities.

The Veteran's initial rating for lumbar spondylosis was granted at 40 percent prior to December 10, 2019. From that date onwards, a higher rating is denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from July 13, 2013 onwards.

The Board has remanded the cases due to inadequate examination reports and failure to consider flare-ups as required by Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board denied the Veteran's requests for earlier effective dates for separate ratings of 10 percent for left lower extremity radiculopathy and a 20 percent rating for his back disability, finding that the evidence did not support earlier effective dates based on the criteria provided.

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

The Board denied the Veteran's claims for service connection for a lumbar spine disability and increased ratings for his cervical spine disability and left upper extremity radiculopathy. The Board found that there was no evidence of a direct link between the Veteran’s current disabilities and his military service, or secondary to his service-connected cervical spine disability.

The Board has determined that the Veteran's bilateral hand numbness and lumbar spine disability, including associated radiculopathy, need further examination to determine their etiology and appropriate ratings.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment from December 25, 2013 through September 7, 2017.

The Board has remanded two issues: entitlement to a rating in excess of 20 percent for low back strain with degenerative disc disease and sciatica of the right lower extremity. The Veteran's appeal is also remanded due to new evidence being associated with his claim.

The Veteran's appeal is being remanded for additional development to obtain VA treatment records and for an addendum medical opinion regarding his sleep apnea. The TDIU claim will be considered again as part of the increased PTSD rating claim.

The Board has remanded the case for further development due to inconsistencies in the Veteran's reports of flare-ups and functional impact during those flare-ups. The issues include left knee strain, lumbar spine strain with arthritis, and radiculopathy of the left lower extremity.

The Board has remanded several issues for further development and evaluation.,No new rating assigned as the maximum schedular ratings were not assigned for the entire period on appeal.

The Board denied service connection for cervical spine disability, right upper extremity cervical radiculopathy, and left upper extremity cervical radiculopathy as these conditions were not shown to be related to the Veteran's active duty service.,Service connection was also denied for bilateral upper extremity cervical radiculopathy due to lack of evidence showing a relationship between the condition and the Veteran's military service.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation before November 26, 2018. His TDIU is granted for this period.