Radiculopathy & sciatica Board decisions

The Board has determined that further development is needed for the Veteran's claims, including obtaining additional medical records and scheduling examinations to assess his current disability status.

The Veteran was found to be unable to maintain substantially gainful employment due to service-connected disabilities from November 25, 2008 to September 10, 2019. The Board granted a TDIU based on the combined effect of multiple service-connected conditions.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection. His CAD has also been granted based on herbicide exposure in Korea.,Service connection for his back disability, right lower extremity sciatica, skin disabilities (porphyria cutanea tarda and eczema), hemochromatosis, peripheral neuropathy of the bilateral upper and lower extremities, and TDIU has been granted. However, these claims are remanded due to lack of evidence.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not preclude him from securing and following substantially gainful employment.

The Veteran's claims for higher ratings and service connection were denied. The lumbar spine disability is currently rated at 20 percent, while the right and left lower extremity radiculopathies are each rated at 10 percent. Service connection for a left hip disability secondary to the lumbar spine disability was remanded.

The Board has remanded the Veteran's claims for further development due to inadequate compliance with previous remand directives, including providing a retrospective opinion regarding the Veteran’s spine condition and applying the correct version of the rating criteria.

The Board denied a rating in excess of 40 percent for rheumatoid arthritis prior to May 1, 2014, finding that the Veteran's condition was not active during this period and did not warrant a higher rating based on his knee conditions.

The Board has found a pre-decisional duty to assist error and finds that an addendum VA medical opinion is necessary. The examiner should determine whether the Veteran’s radiculopathy of the left lower extremity resulted in mild, moderate, moderately severe, or complete paralysis at any point during the period on appeal (October 28, 2011 through the date of his RAMP opt-in).

The Board denied the Veteran's claim for TDIU prior to May 7, 2020, finding that his service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Board has remanded the claim due to incomplete service records and a need for clarification regarding the nature of the appellant's service in Honduras. The appellant must provide additional information or evidence, and VA will attempt to obtain any necessary records.

The Veteran's low back disability and associated radiculopathy were rated based on their current manifestations, with the right lower extremity radiculopathy receiving a separate rating of 20 percent effective May 26, 2016, and left lower extremity radiculopathy receiving a separate rating of 20 percent effective December 10, 2019. A total disability rating based on individual unemployability was granted for the period from August 21, 2018 onward.

The appeal for service connection of a psychiatric disorder is dismissed. The remaining issues related to left knee, right knee, left wrist, right wrist, lumbar spine, left foot, and right foot disorders are remanded.

The Veteran's left lower extremity radiculopathy is granted as secondary to his service-connected lumbar spondylosis associated with bilateral pes planus with degenerative joint disease of the feet. The right lower extremity radiculopathy claim was denied.

The Veteran's RLE and LLE radiculopathy were found to be moderately severe, warranting a 40% disability rating. The claims are granted.

The Veteran's back disability, left and right lower extremity radiculopathy, and sleep apnea are all at issue. The Board has remanded the case for further development regarding service connection for sleep apnea.,The Veteran is seeking higher ratings for his back disability and lower extremity radiculopathy.

An initial 20 percent rating, but not higher, for degenerative disc disease (DDD) of the thoracolumbar spine is granted. Separate 10 percent ratings are granted for radiculopathy of the left and right lower extremities effective May 9, 2009.,A separate initial 70 percent rating for posttraumatic stress disorder (PTSD) is granted.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current diagnosis of hypertension, thus denying the claim. For other conditions, the evidence did not meet the criteria for higher ratings.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease with lumbosacral strain to include IVDS and bilateral lower radiculopathy is denied. The evidence does not show that it was factually ascertainable that there was an increase in the Veteran’s disability such that a rating in excess of 40 percent was warranted.

The Veteran's right sciatic nerve condition is now rated at 20 percent effective November 5, 2015.,The Veteran's right femoral nerve radiculopathy was previously rated as 10 percent from October 11, 2012 to August 13, 2015 and denied for a higher rating. From August 14, 2015 onwards, the condition is not shown to warrant any compensation.

The Board denied service connection for a back disability and right lower extremity radiculopathy as secondary to a back disability due to lack of evidence showing the conditions were related to service or service-connected disabilities.