Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities, including his acquired psychiatric disorder other than PTSD, diabetes mellitus, type II, and radiculopathy of the lower extremities, have precluded him from securing or following a substantially gainful occupation since January 27, 2016. As such, TDIU is granted effective that date.

The Board has remanded the case to determine if TDIU should be granted prior to July 26, 2006 on an extraschedular basis due to the combined effects of service-connected disabilities.

The Board has remanded the Veteran's claims for sciatic radiculopathy of the right and left lower extremities due to insufficient evidence regarding his restless legs and altered gait.

The Board has remanded the cases due to a lack of adequate reasons and bases for not considering newly created VA evidence in the initial rating decisions.

The Veteran's left and right lower extremity radiculopathy were rated as mild to moderate incomplete paralysis, respectively. The Board denied increased ratings for these conditions prior to April 14, 2021.,For the period from April 14, 2021, the Veteran's radiculopathy was assessed as moderate incomplete paralysis of both lower extremities.

The Veteran's TDIU claim is dismissed as his PTSD alone already meets the criteria for a 100% schedular disability rating. The SMC claim is granted due to his service-connected disabilities meeting the requirements of 38 U.S.C. § 1114(s).

The Veteran's left hip strain rating was reduced from 20% to noncompensable effective August 11, 2015. The compensable disability rating for the left thigh limitation of flexion prior to April 2, 2022 is denied. A 20% disability rating for the lumbar spine condition prior to June 12, 2017 and from October 1, 2017 to April 27, 2022 is granted. The Veteran's left lower extremity sciatic radiculopathy is rated separately at least mild incomplete paralysis of the sciatic nerve. A TDIU is granted. Increased ratings for the lumbar spine condition and left hip limitation of motion are remanded.

The Veteran's lumbar spine disability, radiculopathy of the lower extremities, and cervical spine disability are all remanded for additional development to obtain VA and private treatment records and retrospective medical opinions.

The Board has remanded the claims for additional development due to lack of compliance with previous remand directives. The Veteran's lumbar spine and bilateral lower extremity radiculopathies are still under review.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn all his pending claims.

The Veteran's appeals for a higher rating for RUE radiculopathy, service connection for hypertension, and an earlier effective date for TDIU prior to August 22, 2019 are all dismissed. The Veteran withdrew his appeal for the higher rating of RUE radiculopathy in February 2020. Service connection was granted for hypertension in May 2021, but as a full grant, it is considered resolved. The TDIU claim was also granted with an effective date of August 22, 2019, and the Veteran withdrew his legacy appeal.

The Veteran's left knee impairment is granted as secondary to his right knee condition, effective March 31, 2017.

The Veteran's radiculopathy of the right and left lower extremities is currently rated as 10 percent disabling. The Board has denied increased ratings for these conditions, finding that they do not meet the criteria for a higher rating based on mild incomplete paralysis of the sciatic nerve.

The Board has remanded the Veteran's claims for increased ratings for her service-connected degenerative disc disease of the lumbar spine and associated radiculopathy, as well as for a VA examination to determine the nature and severity of these conditions.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU effective as of February 27, 2014.

The Board has determined that the Veteran's cervical spine disorder and left upper extremity radiculopathy are not service-connected, as there is no evidence of a chronic condition during or within one year after his active service. The VA examiner found no link between the conditions and his military service.

The Board has remanded the Veteran's claims for increased ratings due to inconsistencies in the May 2021 VA examination report and a lack of retrospective evidence regarding her lumbar spine disability. The case is now pending for further review.

The Board has remanded the Veteran's claims for increased disability ratings due to insufficient examination findings regarding functional loss during flare-ups and repetitive use over time. The claims are now pending before the Board.

The Veteran's claims for service connection for traumatic brain injury and an increased rating for lumbosacral strain have been withdrawn. The TDIU claim has also been denied as the evidence is insufficient to establish that his service-connected disabilities alone are of such severity so as to preclude substantially gainful employment.

The Veteran's appeal has been withdrawn by his authorized representative, and the Board is dismissing all issues on appeal.