Radiculopathy & sciatica decisions — 2024

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation from August 30, 2016, onward, and entitlement to TDIU is granted.

The Veteran's PTSD, combined with other service-connected disabilities, rendered him unable to secure or follow a substantially gainful occupation as of January 25, 2018.,An effective date of January 25, 2018 is granted for the award of service connection for PTSD and a TDIU.

The Board has granted an effective date of October 3, 2011 for the grant of service connection for left and right sciatic nerve radiculopathy.

The reduction of the Veteran's disability rating from 60 percent to 20 percent for right lower extremity radiculopathy with atrophy was improper, and the appeal for restoration of the 60 percent rating is granted.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation during the periods from September 15, 2014 to January 6, 2016 and from January 16, 2018 to February 26, 2020.

The Veteran's low back disability, right and left lower extremity radiculopathies have been granted initial ratings. The issue of service connection for a chronic kidney disability has also been remanded.

The appeal is remanded for a new evaluation to assess the current severity of the Veteran's service-connected left lower extremity radiculopathy.

The Veteran's combination of service-connected disabilities, including major depressive disorder with PTSD, obstructive sleep apnea, irritable bowel syndrome, and multiple orthopedic conditions, prevents him from securing or following substantially gainful employment. Effective January 23, 2019, he is granted a TDIU rating.

The Board has remanded the TDIU issue due to insufficient development, specifically a need for an addendum opinion considering newly service-connected bilateral lower extremity radiculopathy.

The Board has remanded the issues of increased ratings for lumbar spine disability and bilateral lower extremity radiculopathies due to incomplete examination findings.

The Board has denied service connection for migraines, vertigo, and bilateral lower extremity radiculopathy as there is no persuasive evidence to support these claims.

The Veteran's PTSD claim was dismissed as the April 2020 rating decision did not constitute a final appealable decision.,Service connection for other specified trauma and stressor related disorder with recurrent, moderate MDD (previously insomnia disorder) was granted with an effective date of March 28, 2024.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds no evidence of ankylosis or other disabling conditions warranting a higher rating.,Both lower extremity radiculopathy disabilities are currently rated at 20 percent. The Board does not find any additional impairment that would justify a higher rating.

The Veteran's service-connected gastroesophageal reflux disease (GERD)/hiatal hernia with intermittent chest pains and irritable bowel syndrome (IBS) is rated at a 30 percent disability rating, the maximum available under Diagnostic Code 7346.,Entitlement to increased ratings for left upper extremity radiculopathy and right upper extremity radiculopathy remains denied.

The Veteran is granted a 20 percent rating for sciatic nerve radiculopathy of the right lower extremity.,The Veteran is granted a 20 percent rating for sciatic nerve radiculopathy of the left lower extremity.,The Veteran's lumbar spine disability remains at a 20 percent rating.

The Board has remanded the claims for service connection due to uncertainty about whether the Veteran was on Active Duty Training (ACDUTRA) or Inactive Duty Training (IDT) during the period when he reported back pain issues. The AOJ is instructed to verify this information and determine if it affects the service connection decisions.

The Veteran's TDIU claim was denied because the combined effect of his service-connected disabilities, not a single disability, prevented him from securing and following substantially gainful employment.

The Board has determined that the Veteran's claim for VR&E services, including independent living assistance, was not properly considered due to a pre-decisional duty to assist error. The case is being remanded to provide the necessary assessments and determine eligibility for such services.

The Board has determined that the AOJ should have obtained another evaluation or additional clarification prior to making a decision on the Veteran's claim, due to a pre-decisional duty to assist error. The case is being remanded for further assessment of the Veteran's service-connected disabilities and their effects on his employment.

The Veteran's claim for an effective date prior to August 13, 2015 for cervical strain is denied.,The Board has found a pre-decisional duty to assist error in the award of service connection for left upper extremity radiculopathy and remands the case for further action.