Radiculopathy & sciatica decisions — 2021

The Veteran's left lower extremity radiculopathy is rated at 20 percent since July 14, 2012. The TDIU claim is granted from July 24, 2007 through July 13, 2012.

The Veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, degenerative arthritis of the thoracolumbar spine with sacroiliac injury, and radiculopathy of the lower extremities, rendered him unable to secure or follow a substantially gainful occupation. As such, he is granted a TDIU rating.

The Board has remanded the claims for service connection for allergic rhinitis, myomectomy cystic fibroids (MCF), plantar fasciitis, left lower extremity radiculopathy, and irritable bowel syndrome (IBS).,The Veteran's allergic rhinitis was not aggravated by her military service.

An increased rating of 40 percent for a low back disability is granted from August 2, 2018.,An increased rating of 30 percent for bilateral plantar fasciitis is granted from August 2, 2018. An increased rating in excess of 30 percent is denied.,An increased rating in excess of 10 percent before August 2, 2018 is denied.

The Board has determined that there is at least a 50% chance the Veteran's radiculopathy of the right lower extremity is related to his service-connected back disability, and thus grants the claim for service connection on a secondary basis.

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

The Veteran's service connection claims for residuals of stroke, pneumothorax, lumbar scoliosis with degenerative disc disease/degenerative joint disease, and radiculopathy are all denied.,Service connection is not granted for the Veteran's claimed conditions as they do not meet the criteria for direct service connection.

The Veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are rated at 20% and 40%, respectively, which is sufficient to consider him unemployable. The Board finds that his employment history and educational background support his ability to maintain substantially gainful employment despite his disability.

The Board has remanded the cases for further development and examination to determine if the Veteran's claimed conditions are related to his military service.

The Veteran's service-connected disabilities do not render her unable to secure or follow substantially gainful employment, and the Board denies a TDIU.

The Board has remanded the Veteran's appeal for further development, including obtaining VA treatment records and scheduling examinations to assess his lumbar spine disorder and right and left lower extremity radiculopathy. The issues of an initial rating of more than 40 percent for chronic lumbosacral strain with IVDS and spinal stenosis, entitlement to TDIU since November 25, 2015, entitlement to SMC based on the need for regular aid and attendance, and entitlement to SMC under 38 U.S.C. § 1114(s) are all remanded.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to April 2, 2014.

The Veteran's service-connected disabilities have led to a TDIU for the period beginning August 30, 2019. The case is remanded for further action on his claim of a rating in excess of 20 percent for lumbar spine spondylolisthesis and for extraschedular consideration of his TDIU prior to August 30, 2019.

The Veteran's back condition is rated at 40 percent, effective April 23, 2021. The Veteran also receives a TDIU rating due to his service-connected disabilities preventing him from securing or following substantially gainful employment. A 10 percent rating for right lower extremity radiculopathy remains unchanged.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. Service connection for diabetes mellitus was denied.

The Board has remanded the Veteran's claims for increased evaluations for his lumbar spine disability and left lower extremity radiculopathy due to inconsistencies in prior examinations and a need for additional development.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability is denied as he does not have ankylosis of the spine or symptoms comparable to unfavorable ankylosis.,The Veteran's initial claims for higher ratings for his left and right lower extremity radiculopathy are denied as they do not meet the criteria for a rating higher than 40 percent prior to July 1, 2014 and thereafter, and 10 percent prior to November 1, 2019 and thereafter.,The Veteran's initial claim for a higher rating for his right lower extremity radiculopathy is denied as it does not meet the criteria for a rating higher than 40 percent from November 1, 2019 onward.

The Veteran's service-connected disabilities, including unspecified depressive disorder, atypical headaches with features of migraines, chronic lumbar strain with degenerative disc disease, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claims for service connection for various conditions, including dermatophytosis of the head and face with pseudofolliculitis, chronic arthritis (lumbar spine), left lower extremity radiculopathy, right lower extremity radiculopathy, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board found no new evidence to reopen the claims for dermatophytosis of the head and face with pseudofolliculitis or chronic arthritis (other than lumbar spine), and denied service connection for radiculopathy.