Radiculopathy & sciatica decisions — 2022

The Veteran is granted a TDIU effective October 1, 2004 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's sciatica is granted as secondary to her service-connected lumbar spine disability. The claim for increased ratings for various disabilities remains pending.

The Veteran's GERD and left lower extremity radiculopathy have been granted increased disability ratings of 30 percent and 20 percent, respectively.

The Veteran's service-connected disabilities (degenerative disease of the back, right lower extremity radiculopathy, and left lower extremity radiculopathy) prevent him from securing and following any substantially gainful occupation.

The Veteran's claim for a higher rating for his service-connected back disability was denied as the evidence did not show unfavorable ankylosis of the entire spine, which is required for a higher rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain a VA examiner's curriculum vitae.

The Board denied the Veteran's claim for a TDIU prior to April 11, 2015, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for increased ratings and temporary total evaluations due to inconsistencies in his cervical spine disability rating, as well as the need for additional evidence regarding physical therapy records. The Veteran is also seeking a higher rating for right upper extremity radiculopathy.

The Board has decided to remand the claims for increased ratings for lumbar spine condition, bilateral lower extremity radiculopathy, and a TDIU prior to March 14, 2013. A new VA examination is required for these issues.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for higher evaluations and service connection. Specifically, VA treatment records are missing, and a new examination is required to assess the current symptomatology of his service-connected disabilities.

The Veteran's lumbar spine disability, right lower extremity disabilities (sciatic and femoral nerves), and erectile dysfunction are granted with a 20% rating. The issue of entitlement to TDIU prior to January 1, 2012 is dismissed.

The Veteran's TDIU claim was granted. The claims for increased ratings for disc herniation and left lower extremity radiculopathy were dismissed as the Veteran withdrew his appeal of these issues.

The Veteran's claim for service connection for diabetes mellitus, type II, with erectile dysfunction, and diabetic neuropathy of the bilateral lower extremities (sciatic and femoral nerves) was denied as his formal application was not received within one year following his intent to file a claim. The effective date remains June 29, 2016.

The Board has remanded the cases for further development and examination due to inconsistencies in medical records and testimony regarding the Veteran's claimed conditions. The Veteran is seeking service connection for neurological symptoms, including sleep apnea and sleep disturbance, as well as right upper extremity radiculopathy and left lower extremity radiculopathy.

The Veteran's claims for headaches, back disability, and lower extremity radiculopathy have been granted.,The Board has remanded the issues of service connection for a back disability and lower extremity radiculopathy to allow further development.

The Veteran is service-connected for multiple disabilities, including PTSD, cervical and lumbar spine conditions, and musculoskeletal issues. The Board found that the combination of these disabilities renders him unemployable but not solely due to any single disability. Therefore, he does not meet the criteria for SMC under 38 U.S.C. § 1114(s).

The Board has decided that the Veteran's claims for higher evaluations of his service-connected right lower extremity radiculopathy and back disability need further development, including obtaining updated VA examinations.

The Veteran's acquired psychiatric disorder is rated at 50% prior to May 19, 2021 and 70% from that date. The Veteran also has a 70% rating for her service-connected acquired psychiatric disorder. A TDIU rating is granted.

The Veteran's claim for service connection for a seizure disorder was denied. The Board found that the evidence did not support a current diagnosis of a seizure disorder. For TDIU, the Veteran is granted as his service-connected disabilities preclude him from securing or following substantially gainful employment. SMC based upon need for aid and attendance or being housebound remains pending due to lack of recent VA examination.

The Board has granted service connection for a cervical spine disability and cervical radiculopathy of the left upper extremity, finding that the evidence is in equipoise as to whether these conditions are related to the Veteran's military service.