Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected back disability and lower extremity radiculopathy did not prevent him from securing and following substantially gainful employment prior to January 20, 2016.

The Veteran's claims for increased ratings for service-connected right upper extremity radiculopathy prior to May 3, 2017 and higher than 40 percent thereafter are denied.,The Veteran's claim for an effective date prior to January 13, 2014 for a compensable rating for service-connected right upper extremity radiculopathy is denied.

The Board denied the Veteran's claim for service connection for a back disorder, including lumbar degenerative arthritis, lumbar disc disease, spondylolisthesis, and lumbar radiculopathy, finding that there was no evidence of such disorders during service or related to service-connected disability.

The Veteran's bilateral lower extremity radiculopathy and dental condition for treatment purposes have been granted a rating of 40 percent, but no more. Service connection for the dental condition has been denied.

The Veteran's cervical spine and thoracolumbar spine conditions are found to be related to his active service.,The Veteran's right leg radiculopathy is also found to be related to his active service.

The Veteran's radiculopathy of the bilateral lower extremities (sciatic and femoral nerves) did not warrant a compensable rating prior to August 29, 2017.,As of August 29, 2017, the Veteran's radiculopathy of the bilateral lower extremities more nearly approximated mild incomplete paralysis of the sciatic nerve and femoral nerve, but not moderate impairment.

The Board has remanded the Veteran's claims for increased evaluations of his service-connected lumbar spine and left lower extremity radiculopathy disabilities due to additional development being required.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA treatment records and a need for further development, including obtaining updated medical records and scheduling a new VA examination.

The Veteran's claims for a greater than 20 percent rating for his lumbosacral spine strain with intervertebral disc syndrome and right leg sciatica, and for TDIU are being remanded due to the need for additional examinations.

The Veteran's service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation from March 23, 2010 to December 27, 2012. The Board granted TDIU on an extraschedular basis.

The Board has decided to remand the Veteran's claims for additional development due to his failure to report for scheduled VA examinations. The issues of service connection for a back disability and a right leg disability are being remanded.

The Veteran's service-connected lumbar spine disability is not rated higher than the current levels for IVDS, left and right lower extremity radiculopathy, or femoral nerve radiculopathy. The case is remanded to allow further development.

The Board has remanded the cases for further development and consideration, including obtaining updated VA records and scheduling a new examination. The issues of reducing ratings and entitlement to higher ratings are also being considered.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to February 13, 2014. Therefore, the claim for TDIU on an extraschedular basis is granted with an effective date of July 31, 2011.

The Board has determined that additional development is necessary prior to final adjudication of the Veteran's claims, including obtaining VA examination reports and considering all evidence added since the November 2020 Supplemental Statement of the Case.

The Veteran's service-connected disabilities do not limit or prevent participation in the avocational interests of exercise, photography, and music. The Board denied the request for VR&E benefits to purchase a music keyboard, stationary and electric bicycles, and camera as part of his avocational activities.

The Veteran's right lower extremity radiculopathy involving the sciatic nerve is granted a 40 percent evaluation beginning February 20, 2014.,The Veteran's adjustment disorder with mixed anxiety, depressed mood and insomnia disorder (psychiatric disability) is granted a 50 percent evaluation.

The Veteran's back disability is rated at 40 percent from May 29, 2021. The ratings for radiculopathy of the right and left lower extremities affecting the sciatic nerve are increased to 20 percent each effective May 29, 2021. Ratings higher than 20 percent for these conditions are denied. Separate ratings of 20 percent are granted for right and left lower extremity radiculopathy with femoral nerve involvement from May 29, 2021. The Veteran's headache disorder is rated at 50 percent effective February 15, 2021.

The Board has remanded several issues related to the Veteran's service connection claims, including for a respiratory condition, cervical spine disability, lumbar spine degenerative arthritis, lower extremity radiculopathy, right knee osteoarthritis, and left knee disability. Additional records are needed from SSA, VA treatment records, private doctors, and exposure confirmation. A new medical opinion is required to consider the Veteran's reports of continuous symptoms since service and his current disability picture.

The Veteran's service-connected disabilities, including his back and anxiety disorders, have prevented him from securing or following a substantially gainful occupation.