Radiculopathy & sciatica decisions — 2022

The Veteran's back disability is rated at 40 percent effective November 8, 2011. From December 20, 2019, the rating for his back disability was denied as it did not meet the criteria for a higher rating. Effective December 21, 2020, he received ratings of 20 percent for left and right lower extremity radiculopathy.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation since July 24, 2013.

The Veteran's service-connected disabilities, including PTSD, tension headaches, lumbar strain with intervertebral disc syndrome, right lower extremity radiculopathy of the sciatic nerve, right knee strain, and hearing loss, prevent him from securing or following substantially gainful employment.

The Veteran's lumbar spine disability has been rated at 40 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of unfavorable ankylosis.,For his right and left lower extremity radiculopathy prior to March 25, 2019, the Veteran was rated at 10 percent and 20 percent respectively. The Board found that these ratings did not meet the criteria for a higher rating due to the severity of his symptoms.

The Board dismissed all issues related to service connection and new and material evidence claims due to the Veteran's death. The appeal is dismissed without prejudice.

The Board denied service connection for right and left lower extremity radiculopathy, finding that the Veteran's current diagnoses did not meet the criteria for service connection due to lack of a current disability or causal relationship.

The Veteran's knee disabilities are remanded for further development.,The Veteran's foot disabilities are remanded for further development.,The Veteran's bilateral hallux valgus is remanded for further development.,The Veteran's hearing loss and dizziness claims are remanded for further development.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection in all cases.

The Veteran's cervical spine disability, bilateral upper extremity radiculopathy, and acquired psychiatric disorder are all granted service connection. The Board found that the Veteran had a current diagnosis of these conditions and there was sufficient evidence to establish a link between his active duty service and each condition.

The Veteran's service-connected disabilities combined to prevent him from obtaining and maintaining gainful employment from December 24, 2014, to March 21, 2021. The Board granted a TDIU for this period.

The Board denied the Veteran's requests for earlier effective dates for service connection and initial ratings for cervical spine degenerative disc disease, lumbar spine with disc herniation at L4-5 and L5-S1, right upper extremity radiculopathy, and right lower extremity radiculopathy.

The Board has determined that the VA examinations in the record are inadequate for rating purposes and remanded the claims for additional development, including obtaining all outstanding records of VA and private evaluation and/or treatment. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and functional limitations associated with his lumbar radiculopathy disability.

The Veteran's appeal is remanded for additional development regarding his service-connected degenerative disc disease of the lumbar spine and radiculopathy of the lower extremities, as well as his claim for a total disability rating based upon individual unemployability due to service-connected disabilities.

The Veteran's claims for left foot pes planus, right foot pes planus, pseudofolliculitis barbae, and left lower extremity radiculopathy have all been granted. The claim for tingling and poor circulation, left leg, has been reopened.

The Veteran's claims for increased ratings are remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran's claims for higher ratings for his service-connected back condition, bilateral lower extremity radiculopathy, and bladder condition are being remanded due to the need for additional examinations and opinions.,Specifically, a retrospective opinion regarding the severity of the Veteran's back condition from February 2013 to current is needed. An addendum opinion regarding the symptomatology associated with his bilateral lower extremity radiculopathy is also required.

The Board denied service connection for peripheral neuropathy and radiculopathy of the upper and lower extremities, finding no evidence of these conditions in service or within one year post-service.,Service connection was not granted as there is no current disability linked to service.

The Veteran's service-connected disabilities did not meet the percentage requirements for a schedular TDIU rating prior to November 5, 2019. The Board found that the evidence is persuasively against a finding that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's radiculopathy of the right and left upper extremities is currently rated at 40 percent for RUE and 30 percent for LUE, effective April 2, 2018. The Board has found that his condition was consistent with moderate impairment throughout the appeal period prior to May 24, 2019. However, due to new evidence of increased severity since the last evaluations in 2019, the Veteran's claims are remanded for further examination and rating.

The Veteran was granted an effective date of November 3, 2004 for the grant of service connection for radiculopathy of the right and left lower extremities. The Veteran also received a TDIU effective December 11, 2010.,The Board has remanded the issue of entitlement to TDIU on an extraschedular basis prior to December 11, 2010 for further review by the Director of Compensation Service.