Radiculopathy & sciatica decisions — 2022

The Veteran's lumbar spine disability was restored to a 20 percent rating effective June 4, 2015.,A higher rating for sensory radiculopathy of the left lower extremity is denied as it does not meet the criteria for a 40 percent rating.,An earlier effective date for the 20 percent rating for sensory radiculopathy of the left lower extremity is denied.,Service connection for sleep apnea remains pending and will be remanded.

The Board has remanded the Veteran's claims for service connection of left and right lower extremity sciatic nerve disabilities due to lack of new and material evidence, and requests that additional VA medical records be obtained.

The Board has granted a 20 percent rating for the Veteran's cervical spine disability and service connection for her right upper extremity (RUE) median nerve radiculopathy. The decision also found that the Veteran's RUE median nerve radiculopathy is related to her cervical spine disability.

The Board has denied the Veteran's claims for service connection for a right ankle disability, low back disability, and left leg radiculopathy as secondary to his low back disability.,There is no evidence of a current right ankle or low back disability that began during active service. The VA examiner found that any current right ankle disability was less likely caused by an in-service injury.

The Veteran's back disability and left leg radiculopathy are currently rated at 10% each, but the Board finds that a higher rating is not warranted.

The Board has remanded the Veteran's claims for increased disability evaluations and TDIU due to service-connected disabilities, including right lower extremity radiculopathy and degenerative disc disease of the lumbar spine with IVDS. The claims are being remanded for additional development.

The Veteran's claim for an increased rating for her service-connected back disability was granted, with a 40 percent rating from February 10, 2012.,Other issues on appeal were either denied or remanded.

The Veteran's TDIU claim was denied as he failed to provide the necessary information and evidence to support his claim, including a completed VA Form 21-8940 application for increased compensation based on individual unemployability.

The Veteran's right lower extremity radiculopathy was granted effective March 20, 1995.,An initial rating of 20% for the disability prior to October 11, 2016 and a staged increased rating of 40% from September 23, 2020 onwards were granted.

The Board has dismissed all the claims related to increased ratings for various conditions, including radiculopathy, IVDS, psychiatric disability, and hearing loss. The appeal is dismissed due to the appellant's death.

The Veteran's service-connected radiculopathy in both lower extremities is being remanded for additional examination and opinion to determine the severity of his disability during the appeal period.

The Veteran's service-connected back and radiculopathy disabilities do not render him unable to secure or follow substantially gainful employment, as he has been employed at various points during the appellate period. Therefore, entitlement to TDIU is denied.

The Veteran's radiculopathy of the lower left extremity is granted a disability rating of 40 percent, but no more. The issue of entitlement to TDIU is remanded for further development.

The Board has remanded the Veteran's claims of service connection for sleep apnea, low back disability, lumbar radiculopathy (right and left lower extremities), PTSD, and a rating in excess of 20 percent for PTSD. The issues are being remanded to determine if there is evidence that supports secondary service connection.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extra-schedular basis due to his service-connected disabilities, finding that his service-connected conditions did not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's left knee replacement is denied as there was no chronic in-service condition, and the current disability is not related to service.,Service connection for cervical spine disorder is denied due to lack of a chronic in-service condition or continuity of symptomatology post-service.,Service connection for lumbar spine disorder is denied because it did not manifest within the applicable presumptive period and there was no evidence of continuity of symptoms. The current disability is also not related to service.,Service connection for cervical radiculopathy is denied as there was no in-service injury or disease, and the current condition is not related to service.,Service connection for lumbar radiculopathy is denied because it did not manifest within the applicable presumptive period and there was no evidence of continuity of symptoms. The current disability is also not related to service.

The Veteran's claim for an increased disability rating in excess of 20 percent for a lumbar spine disability was denied, and his TDIU claim has been dismissed as moot due to the combined 100 percent schedular disability rating based on all service-connected disabilities.

The Veteran's TDIU was granted with an effective date of January 8, 2008. The decision found that the Veteran met the schedular criteria for a TDIU as early as January 8, 2008.

The Veteran's cervical strain with degenerative joint disease is granted at a 30% evaluation for the period prior to November 13, 2019. For the period from November 13, 2019, an evaluation of 40% for right upper extremity radiculopathy and 30% for left upper extremity radiculopathy is granted.

The Board has decided to remand the Veteran's claims for higher initial ratings due to a lack of recent medical records and the need for further evaluation.