Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities, including degenerative disc disease, lumbar radiculopathy of the sciatic nerve, osteoporosis right knee with degenerative arthritis, and degenerative arthritis of the left knee, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these service-connected disabilities.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy were denied as the evidence did not show more than moderate impairment of either nerve.

The Veteran's claim for service connection for degenerative disc disease of the thoracolumbar and cervical spine with sensory neuropathy and radiculopathy is being remanded due to insufficient medical opinions regarding etiology. The examiner needs to provide more definitive reasoning without relying solely on the absence of evidence.

The Board has remanded the claims for a rating in excess of 10 percent prior to June 1, 2014, and in excess of 40 percent from July 17, 2014, (exclusive of a period of assigned temporary total rating from May 8, 2013, to June 1, 2014) for service-connected lumbar degenerative joint and disc disease; a rating in excess of 10 percent prior to March 6, 2013, and in excess of 20 percent therefrom for right lower extremity (RLE) radiculopathy; a rating in excess of 10 percent prior to March 6, 2013, and in excess of 20 percent therefrom for left lower extremity (LLE) radiculopathy; and a TDIU prior to March 6, 2013. The remand requires obtaining current findings as to the severity of the Veteran's service-connected back disability with associated radiculopathy and retrospective medical findings.

The Veteran's claims for increased disability ratings and service connection were granted effective October 3, 2017. The effective date was determined based on the date of increase in severity of his disabilities.

The Veteran's back strain, right and left lower extremity sciatic radiculopathy, and femoral radiculopathy have been remanded for further development.

The Veteran's appeal for SMC based on need for aid and attendance is remanded due to the passage of time since his last VA examination, additional service-connected disabilities granted, and the need for a new examination.

The Board has remanded the Veteran's claims for increased ratings due to deficiencies in the prior examinations and lack of clarity regarding certain terms used by the Board.

The Veteran's claim for an effective date of June 18, 2012, but not earlier, for the grant of service connection for right upper extremity radiculopathy was granted. The claims for increased evaluations for left knee osteoarthritis and lower extremity radiculopathy were remanded.

The Board found that the reduction in ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy was not proper due to continued significant impairment.

The appeals for a rating in excess of 20 percent for left lower extremity femoral nerve radiculopathy and prior to January 30, 2021, for left lower extremity sciatic nerve radiculopathy are dismissed.,The appeal for a TDIU prior to January 30, 2021 is granted. The appeals for an effective date prior to January 30, 2021 for right upper extremity radiculopathy and a rating in excess of 40 percent on and after January 30, 2021 for left lower extremity sciatic nerve radiculopathy are remanded.

The Veteran withdrew his appeals for all issues related to effective dates and initial ratings, effectively dismissing the appeal.

The Veteran's TDIU claim was granted effective December 20, 2019. The Board found that this is the appropriate effective date because it is the earliest possible date for a grant of TDIU given the Veteran met the schedular criteria for a TDIU on that date.

The Veteran's service-connected disabilities have precluded him from engaging in substantially gainful employment since April 13, 2018.

The Veteran's lumbar spine DDD status post lumbar fusion L4-S1 with IVDS is currently rated at 20 percent since June 25, 2022. The appeal remains before the Board as the AOJ did not grant the maximum disability rating.

The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent for his service-connected low back condition, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination reports and the need for additional development.

The Veteran's claims for increased ratings on multiple conditions are being remanded due to the need for further development and evaluation.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The reasons provided were that there was no evidence of chronic back pain within one year after discharge from active duty, and the VA examiner opined that the Veteran's current lumbar spine disorder is not related to his service-connected cervical spine stenosis or any other in-service injury.,The Board found that the Veteran did not meet the criteria for direct service connection as there was no evidence of a chronic back condition within one year after discharge from active duty, and the VA examiner opined that the current lumbar spine disorder is not related to his service-connected cervical spine stenosis or any other in-service injury.

The Veteran's claim for an increased rating and earlier effective date for left upper extremity radiculopathy is remanded due to the need for a supplemental statement of the case.

The Board has remanded the case due to errors in its decision regarding TDIU and DEA benefits, specifically for the period prior to April 4, 2011. The Veteran's service-connected conditions are expected to be reassessed on remand.