Radiculopathy & sciatica Board decisions

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,Service connection has been granted for back pain, DDD of the cervical spine, headaches (secondary to back and cervical disabilities), right lower extremity radiculopathy, left lower extremity radiculopathy, prostate problems, and skin rashes.

A rating of 20 percent, but not higher, for left lower extremity (LLE) radiculopathy is granted.,A rating of 20 percent, but not higher, for right lower extremity (RLE) radiculopathy is granted.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claims for thoracolumbar spondylosis, degenerative disc disease without radiculopathy, and cervical spine disability. A new VA examination is required to determine if these conditions are related to service.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since at least February 2008.

The Veteran's right knee and radiculopathy of the lower extremities are being remanded for new examinations due to increased severity since the last VA examination in January 2016.,The TDIU claim is being remanded for consideration on an extraschedular basis, as it may have been warranted from 2008 based on a private medical opinion and the Veteran's unemployability.

The Veteran's initial disability rating for her service-connected lumbar spine disability is granted at a 40 percent level prior to October 1, 2013.,Service connection for left lower extremity radiculopathy secondary to the service-connected lumbar spine disability is also granted.

The Board has remanded the Veteran's claims for radiculopathy of the right lower extremity due to a need for additional development, including an updated VA examination.

The Veteran's service-connected disabilities did not prevent him from securing or following gainful employment prior to October 2, 2012. Therefore, the claim for TDIU is denied.

All back disability claims are granted with a 40% rating from September 1, 2004 to May 20, 2015. Claims for higher ratings for the right and left lower extremity radiculopathies are denied. Right ankle sprain is granted at 20% since May 16, 2015; left ankle sprain is also granted at 20% from that date.

The Board has decided to remand the cases for further examination and opinion regarding service connection for right upper extremity radiculopathy, an increased rating for cervical strain with osteoarthritis, and a TDIU. The Veteran's claims are being returned due to conflicting medical findings and need clarification on functional loss.

The Veteran's service-connected disabilities do not prevent him from securing or following any substantially gainful employment, as he has maintained a successful rental property business and works part-time as a consultant.

The Board dismissed the appeal for service connection of chronic fatigue. The Veteran's claim for an earlier effective date for a 30% rating for posttraumatic headaches was denied as there is no evidence showing entitlement to such prior to February 9, 2016. Service connection for sciatica of the right lower extremity on secondary basis to his service-connected lumbar spine disability was granted. However, service connection for sciatica of the left lower extremity was not granted due to lack of current diagnosis.

The Veteran's claim for an increased disability rating in excess of 40 percent for lumbar strain (lumbar disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent for neck strain with C4-5 discectomy and fusion (neck disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent for right upper extremity radiculopathy is denied.

The Veteran's service-connected disabilities render him unable to secure or follow all forms of substantially gainful employment, and the Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Veteran's initial rating in excess of 10 percent for LLE radiculopathy prior to January 16, 2020 is denied. The claim for a higher initial rating thereafter remains pending and will be remanded.

The Veteran's claim for an effective date earlier than May 7, 2012 for a separate 10 percent rating for sciatic nerve radiculopathy of the left lower extremity is denied. The claims for increased ratings and service connection are remanded.

The Veteran's thoracolumbar spine strain was granted a 40% evaluation as of March 1, 2017. The initial evaluations for right lower extremity peripheral neuropathy and left lower extremity radiculopathy were also granted.

The claim for sleep apnea, including as secondary to PTSD, is denied. The claim for TDIU due to service-connected disabilities is also denied.

The Veteran's lumbar spine disability was denied for evaluations in excess of the assigned ratings from March 1, 2013 to February 19, 2020 and from February 19, 2020.,The Veteran's radiculopathy of the right lower extremity was granted a 20 percent evaluation from December 26, 2018 to February 19, 2020 and denied for evaluations in excess of the assigned rating from February 19, 2020.,The Veteran's radiculopathy of the left lower extremity was granted a 20 percent evaluation from December 26, 2018 to February 19, 2020 and denied for evaluations in excess of the assigned rating from February 19, 2020.

The Veteran's service-connected disabilities, including his back condition and urinary incontinence, rendered him unable to secure and follow substantially gainful employment beginning April 13, 2013. The Board granted a TDIU on an extraschedular basis.