Radiculopathy & sciatica decisions — 2022

The Veteran's cervical spine disability, left and right upper extremity radiculopathy, and back disability are all granted. The Veteran is also remanded for additional examinations to address his headaches, major depressive disorder, and right knee contusion.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, qualifying for TDIU. The claims for increased disability evaluations are remanded due to the failure to obtain relevant medical records.

The Board has remanded the claim for an increased rating for a lumbar spine disability, as well as claims for higher initial ratings for left and right lower extremity radiculopathy. The case is being returned to the Board for further development.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability (TDIU) as his combined ratings are insufficient to qualify and he is capable of performing substantially gainful employment.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 15, 2016, finding that his service-connected disabilities did not preclude him from securing or following substantially gainful employment.

The Board has dismissed the appeals for increased ratings greater than 30 percent for each knee on and after May 6, 2021. The remaining issues of increased ratings for lumbar spine degenerative arthritis with a lumbar strain, status post anterior fusion; initial rating greater than 20 percent for RIGHT lower extremity radiculopathy prior to December 10, 2019 and on and after December 10, 2019; and temporary total rating under the provisions of 38 C.F.R. § 4.30 following lumbar spine surgeries have been remanded for further development.

The Veteran's service-connected disabilities, including back strain with degenerative joint disease, left lower extremity radiculopathy, PTSD, and sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since July 21, 2016. The Board has granted the TDIU claim.

The Veteran's TDIU was granted effective May 30, 2017, based on his service-connected PTSD and other disabilities. The Board found the earliest date it was factually ascertainable that he was unemployable due to these conditions was March 1, 2017.

The Board has dismissed all issues of entitlement to increased ratings for various conditions as the Veteran passed away before a final decision could be made.

The Board denied service connection for a low back disorder, bilateral leg disorder (sciatica), left knee disorder, and right ankle disorder. The Veteran's appeal was remanded for further action on the issues of secondary service connection for bilateral leg disorder and right knee disorder.,Service connection for a low back disorder is denied as there is no evidence of chronicity during or within one year following separation from active duty.

The Board has denied the Veteran's claims for service connection for bilateral knee, lower extremity radiculopathy, shoulder, and back conditions due to lack of evidence showing an in-service injury or event.,The Veteran did not report any knee issues during service. His current degenerative changes are attributed to post-service activities.

The Veteran's petition to reopen a claim of service connection for a bilateral knee disability has been granted. The claims for increased ratings and service connection for various conditions have been remanded.

The Veteran's service-connected disabilities, including his knee and back conditions, have resulted in a loss of use of his lower extremities, affecting balance and propulsion. The Board has determined that he is eligible for specially adapted housing due to the severity of these conditions.

The Board has restored the original ratings of 20% for lumbosacral spine disability and 20% for radiculopathy of the right lower extremity, effective May 1, 2015.

The Board has remanded the case for further development, including obtaining updated VA and/or private treatment records, scheduling a VA medical examination to determine the current severity of the Veteran's service-connected low back strain and radiculopathy, and considering the issue of a separate rating for radiculopathy as part of the increased rating claim.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, as he is currently employed full-time in the IT field.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition had its onset in service. The other issues on appeal remain pending and are remanded.

The Veteran's headache disability is granted as secondary to his service-connected tinnitus, PTSD, peripheral neuropathy of the sciatic and femoral nerves, diabetes mellitus type II, and depression.

The Board denied increased disability ratings for various conditions, including CAD, diabetes mellitus, and peripheral neuropathy of the lower extremities. The Veteran's appeal was dismissed for an earlier effective date for service connection of unspecified depressive disorder.

The Veteran's claim for a TDIU prior to April 21, 2021 is being remanded due to the possibility that he was unemployable by reason of service-connected disabilities during that time.