Radiculopathy & sciatica Board decisions

The Veteran's claims for increased ratings for his cervical spine disability and left upper extremity radiculopathy have been denied. The VA determined that the evidence did not support a higher rating based on functional loss or impairment due to pain, weakness, fatigability, or incoordination.

The Veteran's claim for TDIU was denied as there is no evidence that her service-connected disabilities, including PTSD and other conditions like sciatica and tinnitus, rendered her unable to secure or follow a substantially gainful occupation prior to November 4, 2009. From November 4, 2009 onwards, the Veteran's TDIU claim was denied as she had a single service-connected disability (PTSD) rated at 100%, and other disabilities that did not render her unemployable.

The Veteran's service-connected disabilities, including his low back disability, limited his capacity for activity and sitting sufficiently to make him unable to secure or follow a substantially gainful occupation from November 29, 2014. The Board granted a TDIU from that date.

The Board denied the Veteran's claims for increased ratings for left wrist strain and migraine headaches, but granted a 30 percent rating for migraine headaches effective October 14, 2016. The Board also denied service connection for sciatica, back disability, and left ankle disability.

The Veteran's cervical spine condition and bilateral upper extremity radiculopathy are being remanded for further evaluation. The lumbar spine condition, right lower extremity neuropathy, left lower extremity sciatica, and TDIU issues remain on appeal.

The Veteran's thoracolumbar spine disability is now rated at 40 percent from January 21, 2020.,Radiculopathy affecting the right femoral nerve was granted a 10 percent rating effective August 4, 2016.

The Board has denied the Veteran's claim for service connection for a cervical spine disability, finding that there is no evidence to support a causal relationship between his current condition and his military service or any service-connected disabilities. The most probative medical evidence does not support a nexus between the Veteran's cervical spine disability and his service.

The Board has remanded the cases due to lack of substantial compliance with previous remand directives, specifically regarding obtaining a retrospective medical opinion for the severity of the Veteran's service-connected disabilities during the entire appeal period.

The Veteran's claim for service connection for left side sciatica was granted, but the effective date is denied. The initial rating of 20% for left side sciatica was granted on October 9, 2019.,Payment at an increased rate of 40% has been granted since October 9, 2019.

The appeal of the issue characterized as 'Granting of only 0% for secondary neuropathy' is dismissed. A total disability rating due to individual unemployability is granted from April 24, 2019.

The Veteran's claim for an earlier effective date for the award of service connection for a lumbar spine disorder is denied as there was no indication of intent to file such a claim prior to October 27, 2010.,The Veteran's claim for an earlier effective date for the award of service connection for LLE radiculopathy is denied as the earliest evidence of this condition is dated April 6, 2015.,The Veteran's claim for an earlier effective date for the award of service connection for RLE radiculopathy is granted with an effective date of February 19, 2020.

The Board denied the Veteran's claims for service connection for lower back condition, sciatica, and chronic fatigue syndrome as there was no evidence of a current disability or link to service.

The Board has determined that there is at least a 50% chance the Veteran's current cervical spine disability, including left upper extremity radiculopathy, was incurred during his period of active duty service. The decision grants service connection for this condition.

The Board has granted a 20 percent disability rating for the Veteran's left upper extremity cervical radiculopathy, but has remanded the claim for entitlement to TDIU.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the Veteran's hearing loss, diabetic peripheral neuropathy of the lower extremities (sciatic and femoral nerves), and other conditions did not warrant higher ratings or service connection.

The Veteran's cervical spine disability is rated at 30 percent from March 18, 2010 forward. The Board found that a higher rating was not warranted for the period prior to this date and granted separate ratings of 20 percent each for bilateral upper extremity radiculopathy from September 1, 2016 forward.

The Board has granted the Veteran's claim for service connection for a right upper extremity condition, claimed as right upper extremity radiculopathy, to include as due to his service-connected neck disability. The other claims of service connection have been remanded.

The Veteran's basic eligibility for Dependents' Educational Assistance (DEA) benefits was not established prior to March 2, 2020, as he did not have a permanent and total service-connected disability at that time.

The Veteran's service-connected DJD of the thoracolumbar spine and bilateral lower extremity radiculopathy involving the sciatic nerve were evaluated as 10% and 10% respectively, with no higher ratings granted. The appeal was denied for an increased rating.

The Veteran's service-connected disabilities do not render them unable to secure or maintain substantially gainful employment.