Radiculopathy & sciatica decisions — 2021

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected disabilities (including depressive disorder, lumbosacral strain, bilateral knee replacements, right shoulder arthritis, and radiculopathy of all four extremities) contributed to his obesity, which in turn caused his obstructive sleep apnea.

The Board has remanded the claims for service connection due to new and material evidence having been received. The effective date of service connection for erectile dysfunction is denied.

The Board has remanded the claim for service connection of cervical radiculopathy, as secondary to a thoracolumbar spine disability due to additional evidence being added to the record.

The Board has decided to remand the cases for further development and consideration, including obtaining an etiology opinion on the Veteran's back disability and considering service connection for bilateral lower extremity sciatic pain.

The Board denied a TDIU based on the Veteran's service-connected disabilities, finding that they did not render him unemployable.

The Veteran's claim for a rating in excess of 20 percent for degenerative arthritis of the cervical spine was denied, and his claim for TDIU was also denied as he did not meet the percentage requirements set forth in the schedular criteria.

The Veteran's service-connected conditions do not render him unable to obtain or maintain substantially gainful employment, as he has remained employed as a truck driver throughout the appeal period.

The Veteran's initial evaluations for degenerative disc disease of the lumbar spine with herniated disc and left lower extremity radiculopathy, sciatic nerve are denied.,There is no indication that the Veteran has moderate incomplete paralysis of the sciatic nerve.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from January 6, 2014 through March 14, 2020. Effective January 6, 2014, the Veteran was granted TDIU.

The Board denied service connection for left shoulder disability, back disability, and lower extremity radiculopathy as the evidence did not show a link to service.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected musculoskeletal and associated neurological disabilities have rendered him physically incapable of meeting the demands of full-time employment, allowing for a TDIU effective prior to August 8, 2019.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined disability ratings do not meet the criteria for TDIU and there is insufficient evidence of record regarding his employment status.

The Veteran's degenerative arthritis of the lumbar spine and left leg radiculopathy are currently rated at 20 percent prior to September 21, 2020. The Board has remanded these issues for further development.

The Board denied an earlier effective date for service connection of radiculopathy of the right and left lower extremities, as well as increased ratings for these conditions.

The Veteran is entitled to a TDIU from January 15, 2014 to July 11, 2019 due to his service-connected disabilities that rendered him unable to secure or follow substantially gainful employment.

The Veteran's appeal for a higher rating for right lower extremity radiculopathy was denied. The appeal for a higher rating for degenerative changes in the lumbar spine status post laminectomy for herniated nucleus pulposus with history of chipped fractured L5 was dismissed as the Veteran withdrew his appeal.

The Board has granted separate 10 percent ratings for right and left lower extremity radiculopathy, but denied a rating in excess of 10 percent for lumbar degenerative disc disease with sacroiliitis.

The Veteran's appeals for increased ratings and service connection have been dismissed due to their death.

The Board has denied the Veteran's claims of service connection for his right shoulder, cervical spine, and right hand conditions. The Board found that these conditions are not related to any incident or injury during active service.