Radiculopathy & sciatica decisions — 2024

The Board denied the Veteran's claim for TDIU prior to October 10, 2018, finding that his service-connected disabilities did not prevent him from securing or following substantially gainful employment.

The Veteran was granted a TDIU from August 29, 2018 to February 12, 2021 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Veteran's cervical neck strain is rated at 20 percent from September 5, 2014, and 30 percent from February 25, 2020. The claim for an increased rating is denied.,Right upper extremity radiculopathy was granted a 40 percent rating from October 29, 2021, to May 8, 2023, and the claim for an increased rating in excess of this level is denied. The Veteran's left upper extremity radiculopathy remains rated at 20 percent.

The Veteran's service-connected disabilities, when taken together, prevent him from securing or following a 'substantially gainful' occupation given his prior vocational history and the impact of his service-connected right foot disabilities (i.e., pes planus, hallux valgus, and hallux rigidus), left foot disability(status post fracture with hallux valgus), back disability, right and left lower extremity radiculopathy, tinnitus, bilateral hearing loss, hypertension, right foot and back scars, and GERD, when taken together, have on obtaining and maintaining substantially gainful non-sedentary employment and sedentary employment, including in his past employment as a police officer.

The Board has remanded the claims for lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU prior to January 17, 2012 due to incomplete development. The Veteran's SSA records are requested.

The Veteran's appeal for increased ratings and service connection has been dismissed. The Board has remanded the issues of service connection for residuals of Burkitt lymphoma on a direct basis, lumbosacral strain, and radiculopathy of the right lower extremity.

The Veteran's claim for a greater than 40 percent rating for his lumbar degenerative disc disease with herniated disc stats-post laminectomy and microdiscectomy of the L5-S1 was denied. A 60 percent rating for left lower extremity foot drop and left lower extremity radiculopathy involving S-1 nerve is granted from May 15, 2017. The Veteran's claim for a greater than 10 percent rating for right lower extremity neuropathy due to lumbar degenerative disc disease was denied.

The Board has denied service connection for various knee, neck, and hip conditions as the evidence does not support a causal relationship between these conditions and active service.

The reduction of the disability rating for right upper extremity radiculopathy from 40 percent to 20 percent, effective January 1, 2021, was not proper. The 40 percent rating is restored.

The Veteran's appeal for increased ratings and service connection was withdrawn. The right knee retropatellar pain syndrome or bursitis and left knee strain were both denied, but a separate 10 percent rating was granted for left knee instability.

The Board has remanded the Veteran's claims for chronic edema of the lower extremities and bilateral lumbar radiculopathy as secondary to service-connected hypertension due to incomplete medical records, conflicting opinions from examiners, and need for additional clarification.

The Veteran's claims for service connection for various peripheral neuropathies and essential tremors were granted with an effective date of March 2, 2016.

The Veteran's claims for increased ratings for his degenerative arthritis with degenerative disc disease, spinal stenosis, and scoliosis as well as right lower extremity radiculopathy of the sciatic nerve were denied. The evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, bilateral tinnitus, left and right lower extremity radiculopathy, prevent her from securing and following a substantially gainful occupation.

The Veteran's bilateral lower extremity radiculopathy and service-connected scar are being remanded for further evaluation as the initial disability evaluations were based on VA examinations that did not adequately assess his symptoms.

The Veteran's claims for increased ratings for cervical spine disability and right upper extremity radiculopathy are being remanded due to a duty-to-assist error in the prior rating decisions. The Board is unable to assess the severity of these conditions without additional examinations.

The Veteran's service-connected disabilities, including ischemic heart disease and peripheral arterial diseases of multiple limbs, have prevented him from securing or following substantially gainful employment prior to September 23, 2020.

The Veteran's appeal involves the need for a higher rating in excess of 20 percent for various service-connected conditions including cervical and thoracolumbar spine disabilities, as well as bilateral upper and lower extremity radiculopathies. The Board has determined that additional evidence is needed to determine the severity of these conditions.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's claims for service connection and a compensable disability rating are being remanded due to outstanding medical records, the need for VA examinations, and the requirement of TERA examinations.