Radiculopathy & sciatica decisions — 2022

The Veteran's bilateral lower extremity radiculopathy is rated at 40 percent, but no higher, effective February 5, 2019.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's service-connected low back disability and to determine whether his neck condition is related to military service. The TDIU issue remains pending.

The Board denied the Veteran's claim for service connection for left lower extremity radiculopathy, associated with lumbosacral strain with degenerative arthritis, finding no current diagnosis of LLE radiculopathy and insufficient evidence to establish a link between the condition and active service or a service-connected disability.

The Veteran withdrew his pending claims for a rating in excess of 10 percent for low back strain, a compensable rating for headaches, and service connection for bilateral lower extremity radiculopathy. As a result, the claims are dismissed.

The Board has remanded the Veteran's claims for an initial rating in excess of 30 percent for right upper extremity radiculopathy and for an initial rating in excess of 40 percent for left upper extremity radiculopathy (dominant) due to inadequate examination findings.

The Veteran's cervical spine disability is rated at 30 percent from April 12, 2022 and prior to that date was granted a 30 percent rating. The Veteran's RUE radiculopathy has been assigned a 40 percent initial rating. LUE radiculopathy remains at a 20 percent rating.,The Veteran's cervical spine disability is rated at 30 percent from April 12, 2022 and prior to that date was granted a 30 percent rating. The Veteran's RUE radiculopathy has been assigned a 40 percent initial rating.

The Veteran's claims for increased ratings for his service-connected chronic back strain and radiculopathy of the left and right femoral nerves were denied. The Board found that the Veteran failed to report for a VA examination, which was necessary to determine if he met the criteria for higher disability ratings.

The Veteran's appeal was denied as his TDIU claim and bilateral hearing loss rating were both denied. The Veteran is currently in receipt of a 100% combined disability rating due to service-connected coronary artery disease, but the Board found that he did not meet the criteria for a TDIU based on any single service-connected condition other than his coronary artery disease. His bilateral hearing loss was rated as noncompensable.

The Board has denied service connection for sleep apnea, hypertension, back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence does not support a finding that these conditions began during service or are otherwise related to an in-service injury or disease.

The Veteran's left knee instability is rated at 10 percent, but no higher, since December 20, 2013.,TDIU was granted from April 1, 2017, to September 12, 2017.

The Board denied service connection for cervical spine degenerative arthritis, low back strain, bilateral lower extremity radiculopathy, ventral hernia, allergic rhinitis, and plantar fasciitis. The Veteran's claim for bilateral dry eye syndrome was granted.,Service connection was not established for the claimed conditions due to lack of evidence linking them to service or a service-connected disability.

The Veteran's PTSD, radiculopathy of the RLE, and IVDS post-operative are all remanded for additional development to determine their current severity.

The Veteran's service-connected disabilities prevented her from securing or following a substantially gainful occupation for the period prior to April 1, 2021. From April 1, 2021 onward, the evidence is at least in approximate balance and the benefit of the doubt will be afforded to the Veteran.

The Board denied an initial rating in excess of 10 percent for right leg lumbar radiculopathy (previously rated as right lower extremity sciatica), finding that the disability is manifested by symptoms most closely approximating mild, incomplete paralysis.

The Veteran's claims for earlier effective dates have been dismissed as the relevant rating decisions are final.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment, and the Board has granted an earlier effective date of July 23, 2018 for his total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and work experience. Therefore, the claim for a TDIU is denied.

The Veteran's service-connected back and radiculopathy disabilities do not render him unable to secure and follow a substantially gainful occupation, as his limitations are appropriately compensated in accordance with the currently assigned ratings.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment beginning October 4, 2012.

The Board has remanded the cases for further development due to incomplete medical records and the need to obtain additional treatment records related to the Veteran's disabilities.