Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities, primarily his left foot disability and back disability with associated radiculopathy of both lower extremities, prevented him from securing and following a substantially gainful occupation prior to May 22, 2023. The Board granted a TDIU on an extraschedular basis effective April 10, 2018.

The Veteran's appeal for increased ratings was partially granted, with a remand ordered to obtain additional medical evidence and conduct further examinations.

The Veteran's claim for increased ratings and TDIU was granted. The initial rating of 20 percent for left and right lower extremity radiculopathy is maintained, while the ratings for back impairment are denied. A total disability rating due to individual unemployability (TDIU) is granted from August 14, 2017, to June 27, 2018.

The Board has granted service connection for the Veteran's back disability and associated bilateral lower extremity radiculopathy, finding that the evidence is at least in approximate balance.

The Veteran's service-connected disabilities did not preclude him from securing and following any substantially gainful employment from April 17, 2010 to November 15, 2012.,From November 16, 2012 to September 10, 2013, the Veteran's service-connected disabilities significantly impacted his ability to obtain and maintain any substantially gainful employment.

The Veteran's service-connected disabilities, including lumbar strain, major depressive disorder with anxious stress, urinary incontinence, and radiculopathy of the lower extremities, render him unable to secure or follow a substantially gainful occupation. The Board finds that TDIU is warranted for the periods on appeal.

The Veteran's June 6, 2012 claim for service connection of insomnia reasonably raised a claim of entitlement to service connection for an acquired psychiatric disorder in addition to a claim of service connection for insomnia. The effective date is granted as June 6, 2012.,The earliest date as of which it is factually ascertainable that symptoms of left lower extremity radiculopathy had occurred is March 5, 2014. The effective date is denied.

The Veteran's service-connected degenerative joint disease of the lumbar spine with intervertebral disc syndrome and sciatica have been granted a disability rating of 40 percent, effective from September 10, 2018. The decision also grants ratings of 20 percent for sciatica of the left lower extremity and right lower extremity associated with the lumbar spine condition.

The Veteran's claim for TDIU on an extraschedular basis from November 15, 2007, to February 22, 2009, and the earlier effective date for DEA benefits are remanded due to a reasonable possibility that he was unemployable due to service-connected disabilities.

The Veteran's OSA is granted as secondary to his service-connected PTSD.,The Veteran's lumbar spine arthritis and RLE radiculopathy are both granted on a secondary basis to their respective service-connected conditions.,An effective date prior to July 8, 2015, for the grant of service connection for PTSD is denied.,PTSD is rated at 70 percent with TDIU established.

The Board has remanded the Veteran's claims for increased ratings for his service-connected right and left lower extremity radiculopathy, as well as his claim for service connection for a bilateral hip disability secondary to his lumbar spine disability. The case is being returned to the AOJ for further development.

The Veteran's appeal for service connection for degenerative disc disease with right lower extremity radiculopathy (claimed as low back condition) is remanded. The appeals for TDIU and increased ratings for left leg injuries are dismissed.

The Board has denied a higher rating for right lower extremity radiculopathy and remanded the cases of left shoulder rotator cuff tear, lumbar arthritis, sinusitis, and deviated nasal septum. The Veteran's claims are now pending again due to incomplete medical examinations.

The Board has granted service connection for cervical spine disorder with radiculopathy, a scar (neck), and left upper extremity radiculopathy. However, the effective dates for these grants are denied as they were not based on new evidence or SDRs.

The Veteran's claims for increased ratings for degenerative arthritis of the thoracolumbar spine and left lower extremity radiculopathy are being remanded due to inadequate examination findings. The VA will schedule a new examination to assess the severity of these conditions.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Veteran's service-connected disabilities, including right upper extremity peripheral neuropathy and left lower extremity peripheral neuropathy, have rendered him unable to secure and follow substantially gainful employment since October 2020. The Board has granted a TDIU as of July 25, 2023.

The Veteran's claims for compensation under 38 U.S.C. � 1151 and service connection are remanded due to the need for additional medical opinions regarding causation.

The Veteran's left and right lower extremity radiculopathies, sciatic nerve, are each granted a 40 percent rating.,Service connection for loss of bladder control and loss of bowel control is granted as secondary to service-connected low back disability and gastritis with irritable bowel syndrome.

The Board has granted earlier effective dates of May 8, 2013 for the grants of service connection for left wrist disability and LLE radiculopathy, as well as a 20 percent evaluation for low back disability.