Radiculopathy & sciatica decisions — 2023

The Veteran's left lower extremity radiculopathy involving the sciatic nerve was rated at 20 percent prior to June 2, 2017, and increased to 40 percent thereafter. The Board found that a higher rating is not warranted for this condition.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has dismissed the claims for service connection, earlier effective date, and higher initial rating for right lower extremity radiculopathy. The claim of TDIU is also dismissed.

The Board denied earlier effective dates for various benefits related to the Veteran's service-connected lumbar spine disability, left and right lower extremity radiculopathy, and TDIU. The appeal was dismissed as there were no new or material evidence submitted within one year of the September 2007 rating decision.

PTSD and diabetes mellitus type 2 increased ratings are denied.,Peripheral neuropathy claims for the lower extremities are denied as no claim was filed prior to September 10, 2018.

The Veteran's total disability rating based on individual unemployability (TDIU) claim is granted due to the combined disability rating of his service-connected conditions meeting the schedular requirements.

The Veteran's motion to vacate the November 8, 2022, Board decision was granted. The claims for at least separate compensable evaluations for right and left leg radiculopathy from May 29, 2007, to May 13, 2015 are remanded.

The Veteran's claims for service connection for degenerative arthritis of the spine, degenerative disc disease, and sciatic radiculopathy of right lower extremity have been reopened. The Board has determined that these conditions are related to his active military service and granted service connection.

The Veteran is granted a TDIU from September 9, 2011, through February 24, 2014, and from May 2, 2016, to present. The Board remanded the case for further development regarding the period from May 28, 2011, through September 8, 2011.

The Veteran's appeals for initial ratings on several service-connected conditions have been dismissed due to her withdrawal of the appeals.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's right knee disability and nerve condition are distinguishable.

The Veteran's back disability is now rated at 40 percent, effective July 27, 2021. Ratings for his right and left lower extremity sciatic nerve radiculopathy were also granted with a 20 percent rating each, effective May 31, 2013.

The Veteran's claim for service connection for obstructive sleep apnea was dismissed as the Veteran withdrew his request. The TDIU claim prior to March 16, 2020 was denied because the Veteran had been employed full-time until he became disabled due to the coronavirus pandemic.

The Board denied service connection for the Veteran's low back disability, right and left lower extremity radiculopathy, and right and left knee disabilities due to a lack of evidence showing their onset during or within one year after service, as well as no causal relationship to service.

The Board has remanded the claims for increased rating and entitlement to TDIU due to deficiencies in the VA examination provided. The Veteran needs to provide updated treatment records, undergo a VA examination, and have their service-connected conditions evaluated.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, as he has maintained and is capable of maintaining such employment throughout the appeal period.

The Veteran's service-connected conditions do not meet the eligibility criteria for financial assistance in acquiring an automobile or other conveyance or special adaptive equipment due to his physical limitations and inability to use limbs effectively.

The Veteran's LLER was granted a 40 percent rating as of September 12, 2020. Prior to this date, the claim for an increased rating was denied.,A 60 percent rating for asthma was granted as of September 12, 2020. The Veteran's BHL is assigned a non-compensable rating.

The Veteran's claim for a rating in excess of 10 percent for chronic bronchitis is denied. The initial ratings for PTSD are granted at 70 percent since July 18, 2013 and the TDIU claim is granted effective July 18, 2013. Other service connection claims are remanded.

The Veteran's lumbar degenerative disc disease, left lower extremity sciatic radiculopathy, right lower extremity sciatic radiculopathy, and left lower extremity femoral radiculopathy have been granted initial ratings. The Veteran is now receiving the maximum available rating for his conditions.