Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected lumbosacral strain with IVDS and spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy are rated at 40 percent. The appeal is granted for TDIU based on these conditions.

The Veteran's appeal is remanded due to the need for additional VA examinations to assess the current nature and severity of his service-connected disabilities, including residuals of CVA, back pain, and right lower extremity radiculopathy. The appeals for service connection are also remanded as there was insufficient evidence in the record regarding the relationship between the Veteran's claimed conditions and his service-connected CVA.

The Veteran's claims for increased ratings and TDIU were granted. He was awarded a 20% rating for right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and bilateral hearing loss. A TDIU was also granted.

The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions do not render it impossible for her to obtain or follow a substantially gainful occupation.

For the period prior to September 22, 2020, service connection for left lower extremity radiculopathy was granted. For the period from November 18, 2020, a 30 percent rating for cervical strain with degenerative arthritis of the spine and a 40 percent rating for degenerative arthritis of the thoracic spine were granted.,For the period prior to September 22, 2020, entitlement to TDIU was granted.

The Veteran's service-connected disabilities, including his back, knees, and neck conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted TDIU from November 5, 2015.

The Veteran's right upper extremity radiculopathy is rated at 70 percent, and he is granted a TDIU beginning August 11, 2021.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person to perform personal care functions of everyday living or to protect himself from hazards and dangerous incidents.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's lumbar spine disorder, including whether it is related to service or secondary to his service-connected left shoulder and bilateral knee disabilities.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation during the period on review, outside of the convalescent period. As such, a TDIU is granted.

The Veteran's claims for service connection for sleep apnea, right lower extremity radiculopathy, left lower extremity radiculopathy, and right achilles disability are granted as secondary to his service-connected right knee disability. The Board finds that the evidence supports these claims.

The Board denied the Veteran's claim for SMC based on aid and attendance due to a lack of evidence showing that his service-connected disabilities rendered him helpless enough to need regular aid and attendance.

The Veteran's degenerative disc disease with L5-S1 disc protrusion, left and right lower extremity sciatic nerve radiculopathy, urinary frequency, and residual scars associated with the condition have been granted increased ratings. The Veteran is now receiving a disability rating of 40 percent for urinary frequency on and after November 19, 2019.

The Board has remanded the claims for increased ratings for degenerative disc disease of the lumbar spine and associated radiculopathy due to additional development being required.

The Board has dismissed the Veteran's claims for service connection of lumbar spine disorder, cervical spine disorder, and right lower extremity radiculopathy due to his death.

The Board has granted service connection for tinnitus. The claims of service connection for bilateral hearing loss, low back disability, and bilateral lower extremity radiculopathy are remanded due to incomplete records and need for additional examinations.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment consistent with his educational background and work experience.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for increased ratings for his thoracic spine disability and radiculopathy of both lower extremities due to scheduling issues. The case will be returned to the RO for further development.

The Board has remanded the claims for an initial rating in excess of 20 percent prior to October 20, 2020, and in excess of 10 percent thereafter, for service-connected radiculopathy of the right lower extremity; an initial rating in excess of 10 percent prior to October 20, 2020, and in excess of 20 percent thereafter, for service-connected radiculopathy of the left lower extremity; and a TDIU claim. The remand requires further development including VA examinations.