Radiculopathy & sciatica decisions — 2022

The Veteran's hypertension is granted as service-connected due to presumed exposure to herbicide agents during Vietnam service.,Service connection for COPD and bilateral lumbar radiculopathy with left foot drop are denied because the evidence does not support a link between these conditions and service, including presumed herbicide agent exposure.,The Veteran's heart disability is granted as 100% disabling prior to March 18, 2014.

The Veteran's low back disability and radiculopathy of both lower extremities are currently rated at 20 percent. The Board denied increased ratings for the low back disability, but granted a separate 10 percent rating for right lower extremity radiculopathy from November 17, 2014 (the date of his claim) and a 20 percent rating for left lower extremity radiculopathy from October 22, 2019. The issue of entitlement to TDIU is also denied.

The Veteran is granted an effective date of January 25, 2011 for entitlement to TDIU based on his service-connected lumbar spine condition and associated radiculopathies. The rating assigned remains at 40%.

The Veteran's thoracolumbar spine degenerative changes were granted a 20 percent rating from May 31, 2016 to October 24, 2019. A higher rating is denied for this period.,A 20 percent rating was also granted for the right lower extremity radiculopathy from May 31, 2016 to October 24, 2019. The Veteran's TDIU claim prior to June 1, 2021 is denied.,The Board found that the Veteran's thoracolumbar spine degenerative changes and right lower extremity radiculopathy warrant a 20 percent rating from May 31, 2016. The issues of entitlement to separate service connection for left lower extremity radiculopathy, TDIU after June 1, 2021, and higher ratings are remanded.

The Board has denied the Veteran's claims for service connection for radiculopathy of the left and right lower extremities, finding that there is no persuasive evidence of a current diagnosis or in-service incurrence.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation for the period from August 30, 2011, to April 26, 2013.

The Veteran's service-connected disabilities, specifically his diabetic peripheral neuropathy and other lower extremity nerve disorders, preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment since May 19, 2005. The Board granted a TDIU effective from that date.

The Veteran's TDIU claim for the period prior to May 19, 2017 was denied as he had been employed full-time and earned more than the poverty threshold during this time.

The Board has determined that the Veteran's claims for specially adapted housing and a special home adaptation grant need to be remanded due to insufficient evidence from recent VA examinations.

The Board has remanded the case due to new evidence and a need for further examination. The Veteran's claim of service connection for sciatica of the left lower extremity, as secondary to his service-connected back condition, is now before the AOJ for reconsideration.

The Board has granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities, as his combination of disabilities prevents him from securing or following substantially gainful employment.

The Board has dismissed the claims for increased ratings for left inguinal hernia scar and tender left inguinal hernia scar. The remaining issues, including service connection for blood clot condition (hypertension and varicocele), erectile dysfunction, and radiculopathy of bilateral upper extremities, have been remanded.

The Veteran's service-connected disabilities, including his lumbar spine disability and related radiculopathy of the bilateral lower extremities, prevented him from obtaining or maintaining substantially gainful employment prior to June 4, 2010. The Board granted entitlement to a TDIU on an extraschedular basis for this period.

The Veteran's right knee disability is granted with separate ratings for patellar instability and limitation of extension. The Veteran's sciatic nerve radulopathy is granted at 20 percent prior to September 24, 2021, and at 40 percent beginning that date.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person is granted. The Veteran's claim for service connection for urinary incontinence is remanded due to lack of recent MRI studies.

The Board has remanded the case due to inadequate examination reports and missing medical records. The Veteran's claim for a higher rating for his service-connected low back condition is now pending.

The Board has determined that additional examinations are needed to assess the current nature and severity of the Veteran's bilateral hearing loss, low back disability (including radiculopathy), left shoulder disability, and right shoulder disability. The issues of entitlement to an initial compensable rating for bilateral hearing loss, service connection for low back disability, service connection for left shoulder disability, and service connection for right shoulder disability are all remanded.

The Veteran's service-connected disabilities do not render him unemployable from February 22, 2020, to the present. The Board finds that his educational success and goal-oriented attitude demonstrate his ability to secure and follow substantially gainful employment despite his service-connected disabilities.

The Veteran's service-connected disabilities, including a back disorder and diabetes, prevented him from obtaining and retaining substantially gainful employment prior to May 18, 2017.