Radiculopathy & sciatica decisions — 2022

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to February 3, 2021. The evidence did not show that the Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to unresolved issues regarding functional ankylosis of the lumbar spine, as well as inextricably intertwined radiculopathy claim. The case is also remanded for additional medical opinions on these matters.

The Board has granted a TDIU effective January 3, 2011. The issues of increased ratings for the thoracolumbar spine and left lower extremity radiculopathy are remanded due to inadequate medical opinions.

The Veteran's service-connected disabilities result in the need for aid and attendance, as he requires assistance with bathing and toileting due to his service-connected lumbar spine disorder.

The appeal is dismissed due to the withdrawal of the appeal by the appellant's authorized representative. The issue of timeliness of the notice of disagreement is remanded for further investigation.

The Veteran's service-connected peripheral neuropathy of the upper extremities was granted effective August 13, 2013. The lower extremity conditions were denied.

The Board has determined that the remand directives were not substantially complied with, and thus, a new VA examination is needed to address whether the Veteran's thoracolumbar spine disability is congenital in nature and if it is related to his service. The issues of bilateral lower extremity sciatica are also being remanded for an opinion on their relationship to the thoracolumbar spine disability.

The Board has remanded the case due to inadequate medical opinions and failure to consider lay statements regarding continuity of symptomatology.

Service connection for prostate cancer and cause of death due to prostate cancer have been granted.,The Veteran's sciatica of the right leg and left leg are rated at 40% each, with a grant of SMC based on need for aid and attendance or housebound status.

The Veteran's service-connected disabilities, including PTSD, cervical strain, lumbar spondylosis with degenerative disc disease, and radiculopathy of the left lower extremities, have prevented him from securing and following a substantially gainful occupation prior to May 29, 2013. The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee surgical scar, left knee osteoarthritis, right lower extremity radiculopathy, post total right knee replacement, left knee instability, mild osteoarthritis and degenerative disc disease of the lumbar spine, and left lower extremity radiculopathy due to lack of updated medical records and need for VA examinations.

The Board has granted service connection for lumbosacral degenerative disc disease and spondylosis (back disability). The issues of service connection for a bilateral knee disability, lumbar radiculopathy, and cervical spine disability are dismissed.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and opinions regarding his acquired psychiatric disorder, obstructive sleep apnea, headaches, left shoulder rotator cuff tendonitis with degenerative arthritis, lumbar back disability with degenerative arthritis and intervertebral disc syndrome (IVDS), and lower left extremity radiculopathy.

The Board has remanded the Veteran's claim for a total rating based on unemployability due to service-connected disabilities (TDIU) from May 7, 2012 to February 25, 2013 and on and after July 22, 2020. The case is being referred to the Director of the Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis.

The Veteran's lumbar radiculopathy, right lower extremity, is granted a rating of 40 percent from April 7, 2015, to July 27, 2016. Ratings in excess of 10 percent prior to April 7, 2015, and in excess of 20 percent from July 28, 2016, are denied.

The Board has remanded three issues: an increased rating for anterior compression fractures, T7 and T8; service connection for radiculopathy of the left lower extremity; and service connection for radiculopathy of the right lower extremity. The Veteran needs to undergo a VA examination to assess his current condition and determine if he has radiculopathy in either or both lower extremities, as well as whether it is caused by his service-connected anterior compression fractures, T7 and T8.

The Board has remanded the Veteran's claims for neck disability, migraine headaches, and left upper extremity nerve disability due to insufficient medical opinions regarding their etiology. The VA must obtain additional records and provide a new opinion on causation.

The Veteran's sciatic and femoral nerve radiculopathy of the bilateral lower extremities is now rated at 20 percent effective June 24, 2019.

The Veteran's low back disability was restored to a 40 percent evaluation.,Effective dates before June 1, 2015, were granted for the service connection of right and left lower extremity radiculopathy.

The Veteran's current neck injury is not service-connected, and his claim for cervical radiculopathy from the same incident cannot be found to be a secondary service-connected injury. The evidence does not support direct service connection for his right hand injury.,Service connection was denied for all issues due to lack of in-service incurrence or aggravation of these conditions.