Radiculopathy & sciatica decisions — 2021

The Board has restored service connection for degenerative disc disease of the lumbar spine, right sciatica, and left sciatica effective February 1, 2015.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) and extraschedular TDIU, finding insufficient evidence to determine if he is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's cervical spine DJD, RUE radiculopathy, and LUE radiculopathy were evaluated. The initial rating for cervical spine DJD was denied prior to May 6, 2017, but granted thereafter at a 30% rating. An increased rating of 40% was granted for RUE radiculopathy from November 21, 2019, and an initial 30% rating was granted for LUE radiculopathy from the same date.

The Veteran's left and right lower extremity peripheral neuropathy (sciatic nerve involvement) are rated at 40 percent each, effective prior to September 20, 2016. Beginning September 20, 2016, the ratings for sciatic nerve involvement remain at 40 percent. The Veteran's femoral nerve involvement is not service-connected.

The Board has granted service connection for nerve damage of the bilateral legs, finding that it is secondary to a service-connected disability (stress fractures). The Veteran's polyneuropathy is attributed to her stress fractures.

The Veteran's sciatic and femoral nerve peripheral neuropathy claims have been denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's increased rating for migraine headaches is granted, with a disability rating of 50 percent.,Service connection for right weak foot and left weak foot are denied.

The Board dismissed the appeal due to the death of the appellant, and no service connection issues were decided.

The Veteran's higher rating for his service-connected back disability and entitlement to TDIU are remanded due to the need for a new VA examination.

The Board has determined that the Veteran's low back condition, including lumbar spondylosis with radiculopathy, is proximately due to or caused by his service-connected pes planus. As a result, the claim for service connection for this condition is granted.

The Veteran's current hypertension had its clinical onset during her period of active duty service, and the Board finds that service connection for hypertension is warranted.

The Veteran's claims for increased evaluations for sciatica and radiculopathy disabilities are being remanded due to the need for additional VA treatment records.

The Board has remanded the Veteran's claims for further development and consideration, including obtaining an opinion regarding whether his sleep apnea is secondary to his service-connected sarcoidosis, as well as addressing the conflicting evidence of arthritis in both feet versus no arthritis found on recent x-rays. The issues include entitlement to service connection for various conditions such as sleep apnea, foot disabilities, TBI residuals, headaches, PTSD, and increased ratings for sarcoidosis and back disability.

The Board granted service connection for bilateral lower extremity radiculopathy, finding that the Veteran's current diagnosis was caused by her service-connected lumbar spine disability.,Service connection for bilateral lower extremity peripheral neuropathy was denied as there is no evidence of a nexus to service or herbicide exposure. The Board found that the Veteran's symptoms did not manifest until almost 30 years after her military service.

The Veteran's back disability, PTSD, and bilateral radiculopathy have been granted a combined rating of 70 percent. The TDIU claim has also been granted.

The appeal for service connection and ratings for various radiculopathy conditions is dismissed due to the Veteran's death.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantial gainful employment since March 22, 2012. The Board has granted a TDIU effective from that date.

The Veteran's appeal for a higher rating for left lower extremity sciatica to include left foot drop was denied. The Board found that the current 60 percent rating adequately reflects the severity of his disability, and there is no evidence of exceptional circumstances warranting an extra-schedular evaluation.

The Veteran's right lower extremity radiculopathy and loss of use of both hands were found to be manifested as of January 16, 2007. Effective from that date, the Veteran is granted a 100% rating for loss of use of both hands.

The Veteran is granted TDIU for his service-connected disabilities prior to May 26, 2020 and TDIU solely due to PTSD beginning May 26, 2020. SMC at the housebound rate is also granted starting from May 26, 2020.