Radiculopathy & sciatica decisions — 2022

The Veteran's claims for earlier effective dates were denied as the earliest date of factually ascertainable disability was March 18, 2018, for RLE radiculopathy and March 22, 2015, for left hip strain.,An increased rating for lumbar strain remains pending with a remand for further examination.

The Board denied the Veteran's claim of service connection for a cervical spine disorder, finding that there is no evidence showing the condition was manifested in service or to a compensable degree within one year following separation from active duty.

The Veteran's thoracolumbar spine strain with kyphoscoliosis and scoliosis is not rated higher than 20 percent.,The Veteran's bilateral lower extremity radiculopathy (L4/L5/S1/S2/S3 nerve roots) is not rated higher than 20 percent prior to June 15, 2021. It is rated at 20 percent beginning from that date.,Allergic rhinitis and maxillary sinus polyp are both denied initial compensable evaluations.,Service connection for chronic joint pain, chronic fatigue, and other conditions related to thoracolumbar spine strain with kyphoscoliosis and scoliosis is remanded.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that it is not related to his military service or secondary to his already determined lumbar spine disability.

The Veteran was granted a TDIU effective January 29, 2016. Additionally, the Board found that he is eligible for Dependents' Educational Assistance (DEA) benefits beginning on this date.,The earlier effective date for DEA benefits is also set to January 29, 2016.

The Veteran's appeals for higher ratings for headaches and hearing loss have been dismissed.,The appeal of the low back disability rating prior to December 15, 2018 has also been dismissed. The appeal of the low back disability rating since December 15, 2018 remains pending.

The Veteran's claims of service connection for blurred vision, bilateral hearing loss, prostatitis, hypertension, lumbar spondylosis, hip disability, right knee disability, left leg disability, and tinnitus have been dismissed. The claim to reopen a claim of service connection for lumbar spondylosis, hip disability, right knee disability, and left leg disability has been granted.

The Board has remanded the case due to insufficient medical nexus opinions regarding the relationship between the Veteran's service-connected conditions and his erectile dysfunction. The claim for right lower extremity radiculopathy is no longer before the Board as it was granted in a previous decision.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted TDIU for the appeal period from November 16, 2016.

The Board has remanded the cases for additional development due to a lack of compliance with VA examination requirements and the need for retrospective opinions regarding the severity of the Veteran's service-connected back disability and left lower extremity radiculopathy prior to September 4, 2020.

The Veteran's low back strain is granted a 40 percent rating, and separate ratings of 20 percent for left lower extremity radiculopathy (sciatic nerve) and 10 percent for right lower extremity radiculopathy (sciatic nerve). The increased rating for left ankle traumatic arthritis remains denied.

The Veteran's appeals for increased ratings and earlier effective dates have been withdrawn, and the Board has dismissed the remaining claims.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence does not support a finding that these conditions are related to service.

The Veteran's radiculopathy of the right and left lower extremities sciatic nerves, as well as his DJD of the lumbar spine with stenosis of L4-L5, have been granted initial ratings in excess of 20 percent effective October 26, 2021.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus type II, and peripheral neuropathies, have rendered him unable to maintain substantially gainful employment for the entire rating period. Additionally, he has been in need of regular aid and attendance due to his service-connected conditions.

The Veteran's claims for increased ratings for her right lower extremity radiculopathy and lumbar spine disability are partially granted. The rating for the right lower extremity radiculopathy remains at 10 percent, while a higher rating is granted for the lumbar spine disability from December 6, 2021 onwards.

The Veteran's claims for increased ratings for PTSD, radiculopathy of the right and left lower extremities, and low back disability have all been denied. The Board found that none of these conditions warranted a rating in excess of the current assigned ratings.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for cervical spine arthritis with intervertebral disc syndrome, a compensable rating as of May 24, 2016, for LUE radiculopathy, and TDIU due to service-connected disabilities. The appeals are remanded because the Veteran did not provide updated VA treatment records and employment information.

The Veteran is granted TDIU effective April 7, 2021. Prior to that date, he was employed as a payroll technician and could not continue due to his service-connected disabilities.

The Board dismissed all issues related to initial evaluations, effective dates, and service connection for various conditions. The TDIU claim was remanded due to incomplete information.