Radiculopathy & sciatica decisions — 2023

The Veteran's service-connected disabilities do not render him unemployable due to his part-time employment as an attorney, which exceeds the poverty threshold and does not qualify as marginal employment.

The Board has remanded several issues related to the Veteran's lumbar spine disability, femoral radiculopathy of the bilateral lower extremities, peripheral neuropathies, and diabetes mellitus with erectile dysfunction. The AOJ is instructed to contact the Veteran's representative for assistance in obtaining his current mailing address and any pertinent private treatment records.

The Veteran's claims for TDIU and disability ratings are being remanded due to the need to obtain Social Security Administration records.

The Board has found that additional development is needed for the Veteran's claims related to his thoracolumbar spine strain with degenerative arthritis, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve, shingles with post-herpetic neuralgia, and bilateral knee disability. The Board has remanded these claims for further development.

The Veteran's appeal for an earlier effective date for TDIU and DEA benefits was denied. The Board found that the Veteran did not meet the schedular requirements for a TDIU prior to March 1, 2011, but could be granted on an extraschedular basis due to his service-connected disabilities.,The criteria for an effective date before March 1, 2011, for DEA benefits were also denied because the Veteran's combined rating remained at 50 percent prior to that date.

The Veteran's claims for higher ratings for his service-connected right lower extremity radiculopathy are being remanded due to the inadequacy of a previous VA examination and the need for additional medical records.

The Veteran's increased ratings for low back disability and right lower extremity radiculopathy are granted. The issues of service connection for a respiratory disability, obstructive sleep apnea, and TDIU prior to April 4, 2022 remain on appeal.

The Veteran's service-connected disabilities have prevented him from obtaining or maintaining substantially gainful employment since October 3, 2016. A total disability rating based on individual unemployability is granted as of that date.

The Veteran's appeal for increased ratings and TDIU was dismissed due to the Veteran requesting a withdrawal of his appeal regarding an evaluation in excess of 10 percent prior to January 2, 2019, in excess of 20 percent prior to May 2, 2022, and in excess of 40 percent thereafter, for lumbosacral strain and degenerative joint disease of the lumbar spine. The Board found that his radiculopathy warranted a 40 percent initial rating for both lower extremities.

The Veteran's claims for service connection have been reopened, and the Board has ordered remand for further development regarding his cervical spine condition, bilateral upper extremities radiculopathy conditions, right knee condition, left hand carpal tunnel condition, and right hand carpal tunnel condition.

The Veteran has withdrawn all his appeals regarding the service connection and rating for various conditions, including lumbar spine disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, right ankle disability, right knee disability, obstructive sleep apnea, and diabetes mellitus.

The Veteran's appeal for a higher rating for his low back condition was denied, but he was granted service connection for bilateral lower extremity radiculopathy associated with his low back condition.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to January 25, 2022.

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis and radiculopathy of the left lower extremity, as well as his claim for TDIU, are being remanded due to inadequate examination reports and incomplete records.

The Veteran's thoracolumbar spine disability, left and right lower extremity radiculopathy, and acquired psychiatric disorder have been granted increased ratings. The back disability is rated at 40 percent from December 29, 2015 to March 30, 2017.

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment, and a total disability evaluation based on individual unemployability (TDIU) is denied.

The Veteran was granted TDIU for the period from January 1, 2017, but not earlier.,For the period from May 8, 2013, to December 31, 2016, the Veteran's employment did not meet the criteria for TDIU as his income exceeded the poverty threshold.

The Veteran's cervical strain, thoracolumbar spine degenerative arthritis (back disability), right and left lower extremity radiculopathy, right upper and left upper extremity radiculopathy, degenerative arthritis of the knees, and knee limitations are remanded for further development.

The Board dismissed the Veteran's claims for service connection of cervical spine, right knee, and left knee disabilities. The lung disability claim was denied as there is no evidence of a current disability. Radiculopathy claims were also denied.

The Board has remanded several issues related to the Veteran's claims, including service connection for hearing loss, tinnitus, bilateral shoulder disabilities, a right knee disability (including below the knee amputation), and right lower extremity radiculopathy. The specific nature and etiology of these conditions will need to be addressed through further examination and opinion.