Radiculopathy & sciatica Board decisions

The Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment from July 10, 2005 to August 3, 2015. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's claims for increased rating and service connection were denied. The right knee condition was rated at 10 percent, the lumbar spine degenerative arthritis claim was not granted due to lack of nexus, and the left sciatic nerve condition claim was also not granted as it is secondary to a non-service-connected disability.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his claims.

The Veteran's RLE radiculopathy was granted a disability rating of 40 percent effective October 20, 2020.,TDIU due to service-connected disabilities is also granted.

The Veteran's lumbar strain has been granted a 20 percent evaluation, effective February 21, 2017. The Board also remanded several service connection claims for further review.

The Veteran withdrew her appeal for increased ratings and earlier effective dates for her service-connected thoracolumbar spine disability and radiculopathy of both lower extremities, stating she had received complete compensation since initiating the appeal in November 2015.

The Veteran's claim for a higher rating for his left lower extremity radiculopathy of the sciatic nerve associated with service-connected lumbar strain with DDD was denied. The Board found that the disability more closely approximated a moderately severe incomplete paralysis, warranting a 40 percent rating. The issue of entitlement to SMC based on loss of use of the foot due to his radiculopathy was also denied.

The Board has remanded the issue of whether the Veteran's sleep apnea is related to his service-connected disabilities, specifically his foot and spine conditions. The case will be reviewed by a medical professional who will provide an opinion on whether it is at least as likely as not that the Veteran's obesity, caused or aggravated by his service-connected disabilities, contributed to his sleep apnea.

The Board has dismissed the appeals for increased ratings in excess of 20 percent for radiculopathy of the left lower extremity (femoral and sciatic nerves), left knee ligamentous strain, left knee lateral instability, and left knee ligamentous strain with limitation of extension.

The Board dismissed all claims of service connection due to the death of the appellant.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 13, 2019 due to insufficient evidence showing that he was unable to secure or follow substantially gainful employment as a result of his service-connected disabilities.

The Board has remanded the case for additional development to obtain missing VA treatment records and physical therapy records. The issues on appeal include evaluations for peripheral neuritis of the sciatic nerve, femoral nerve, and type II diabetes mellitus.

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected T12 compression fracture. The Veteran's left mandible fracture, chin and neck scar, status post T12 compression fracture, left sciatic nerve paralysis, right index finger shrapnel injury, right knee disorder, left knee disorder, bilateral toenail fungus, and bilateral hearing loss are all denied or granted with specific ratings.

The Veteran's radiculopathy of the left and right upper extremities is granted as secondary to his service-connected osteoarthritis of the cervical spine from April 18, 2006, to March 5, 2017.

The Board has remanded the Veteran's claims due to a lack of information on the competency of VA examiners who performed his C&P examinations. The AOJ is instructed to provide the Veteran with this information.

The Board has denied a rating in excess of 20 percent for the Veteran's cervical spine disability and has remanded the issue of service connection for right upper extremity (RUE) cervical radiculopathy.

The Veteran's service-connected lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are remanded for further evaluation due to worsening symptoms.

The Veteran's right lower extremity radiculopathy is granted service connection. The earlier effective date for TDIU from June 30, 2012 is granted. The rating in excess of 10 percent for recurrent abscesses with lichen simplex chronicus and residual scarring and tension headaches are remanded.

The Veteran's service-connected radiculopathy, left lower extremity is granted a 20 percent rating effective August 11, 2011. The Board finds moderate incomplete paralysis of the left sciatic nerve and grants this condition a 20 percent disability rating from that date.

The Veteran's claims for higher ratings of his service-connected lumbar spine disability and radiculopathy, left lower extremity are being remanded due to the need for additional medical examination. The TDIU claim is also deferred until further notice.