Radiculopathy & sciatica decisions — 2022

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted a 10% rating for the back and right wrist scars from January 22, 2018 onwards.

The Board denied service connection for thoracolumbar and cervical spine disabilities, as well as left and right lower extremity radiculopathies. The decision also noted that the Veteran's special monthly compensation based on need for regular aid and attendance is remanded.

The Veteran's service connection claims for degenerative arthritis of the lumbar spine, lumbar DDD, compression fracture, mild bulging post-surgical L5-S1 discectomy surgery with radiculopathy, unspecified depressive disorder, and migraines and tension headaches have been granted.,Service connection has also been established for lumbar radiculopathy in both lower extremities.

The Veteran's back disability and associated bilateral lower extremity radiculopathy are remanded for further examination to determine the current nature and severity of his service-connected conditions.

The Board has remanded the Veteran's claims for service connection and rating of his neurological disorders, bilateral dry eye syndrome, and carpal tunnel syndrome. The issues are related to in-service boxing, rigors of in-service job duties, and January to May 1991 pertinent elbow treatment.

The Board denied service connection for lumbar spine disability, right knee disability, left knee disability, and peripheral neuropathy of the lower extremities. The Veteran's lumbar spine condition was found not to be related to his active service.,Service connection for radiculopathy of the right lower extremity was also denied as it is not linked to his in-service injury or a service-connected condition.

The Veteran's peripheral neuropathy of the right radial nerve is now rated at 30 percent, while all other peripheral neuropathy conditions remain at 20 percent.

The Veteran's service-connected disabilities alone preclude substantially gainful employment, and the Board has granted a total disability rating based upon individual unemployability (TDIU).

The Veteran's service-connected disabilities, including degenerative disc disease, left and right lower extremity radiculopathy, tinnitus, and noncompensable bilateral hearing loss, have resulted in a TDIU from August 26, 2019. The Board also referred the issue of TDIU prior to August 26, 2019 for extraschedular consideration.

The Veteran was granted an effective date of August 25, 2009 for the grant of a TDIU due to service-connected disabilities preventing him from engaging in substantially gainful employment prior to that date.

The Board denied the Veteran's claim for service connection for bilateral upper extremity radiculopathy, finding that there was no evidence to support his contention that it arose during or as a result of his active service, including as secondary to his low back disability.

The Veteran's appeals for higher disability ratings for lumbar degenerative disc disease, right lumbar radiculopathy, left lower extremity radiculopathy, and left big toe disability are being remanded as the evidence does not support a higher rating under the applicable diagnostic codes.,The Veteran's appeal for an initial compensable disability rating for bilateral recurrent chalazion is also being remanded due to insufficient information regarding his condition.

The Veteran's lumbar spine disability and associated radiculopathy were granted increased ratings, but the cervical spine issue was remanded. The issues of service connection for the cervical spine and entitlement to separate ratings for bilateral lower extremity radiculopathy are also pending.

The Veteran's claim for a 20 percent rating for lumbar spine DFD with scoliosis prior to December 28, 2017 is dismissed. The Veteran's claim for TDIU on an extraschedular basis prior to October 27, 2014 is granted.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional development, including obtaining retrospective medical opinions from VA examiners.

The Board has remanded the claims for service connection for bilateral lower extremity radiculopathy, a higher rating for service-connected back disability, and TDIU due to ongoing medical inquiry.

The Veteran's cervical spine disability with radiculopathy is denied service connection. The initial 40 percent rating for lumbar spine IVDS is restored, but a higher rating is not granted. A 10 percent rating for right lower extremity radiculopathy is granted effective January 15, 2015, and a higher rating is denied since November 22, 2021. The initial 10 percent rating for right knee degenerative joint disease with residual joint effusion is granted effective November 1, 2007, and the initial 10 percent rating for right knee instability is restored from October 16, 2019, to November 22, 2021. The Veteran's claim for TDIU prior to June 23, 2011, is remanded.

The Veteran's rating for right lower extremity radiculopathy was reduced from 10 percent to noncompensable, effective April 14, 2017. The claim for an evaluation in excess of 10 percent for RLE radiculopathy is being remanded.

The Board has granted service connection for a low back condition and left leg radiculopathy, finding that the Veteran's symptoms began during active duty and have persisted since.

The Veteran's service-connected disorders have not precluded him from securing or following a substantially gainful occupation, and therefore the claim for TDIU is denied.