Radiculopathy & sciatica Board decisions

The Board has remanded two issues: 1) the Veteran's claim for an initial rating in excess of 10 percent for her lumbar spine disability prior to October 4, 2019, and in excess of 20 percent thereafter; and 2) her claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity. The remand is due to inadequate examination findings and the need for a new VA examination.

The Veteran's lumbar spine disability and associated radiculopathies are rated at 40 percent since February 23, 2015. The rating for right lumbar radiculopathy was denied prior to this date, while the rating for left lumbar radiculopathy remains at 40 percent.

The Veteran's claim for a separate 10 percent rating for right lower extremity radiculopathy secondary to her service-connected thoracolumbar spine disability is granted from January 24, 2014. Her claim for an increased rating for right knee degenerative changes based on limitation of flexion and extension is partially granted (10% prior to July 8, 2019; denied in excess of 20%). The appeal for service connection for sleep apnea is remanded.

The Veteran's right leg radiculopathy is now rated at 20 percent, while his left leg radiculopathy remains at 10 percent. The lumbar spine disability continues to be rated at 40 percent after July 17, 2017.

The Veteran was found to be unemployable due to service-connected disabilities from February 7, 2007 to July 11, 2008.

The Veteran's service-connected disabilities, including PTSD, IBS, low back disorder, lumbar radiculopathy, left knee strain, and residuals of left ankle fracture, prevent him from securing or following substantially gainful employment. The Board has granted TDIU.

The Veteran's claim for a TDIU on an extraschedular basis is remanded due to the need for additional SSA records and referral to the Director of Compensation Service.

The Board denied the Veteran's claim for service connection for a right lower extremity disability, finding that there is no evidence to support a relationship between his current condition and his military service.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy disabilities were denied increased ratings.,A rating in excess of the assigned 10 percent for a lumbar spine disability prior to August 14, 2019 was not granted. A rating in excess of the assigned 20 percent for a lumbar spine disability since August 14, 2019 was also denied.,Ratings in excess of the assigned 10 percent for right and left lower extremity radiculopathy disabilities were also denied.

The Veteran's cervical spine disability is granted as secondary to her service-connected bilateral knee disabilities. Her TDIU claim is also granted.

The Veteran's service-connected disabilities, including Parkinson's disease and related tremors, have rendered him unable to secure or follow a substantially gainful occupation since January 22, 2018.

The Veteran's service-connected conditions rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history, leading to the grant of a total disability rating for compensation based on unemployability due to service-connected disabilities.

The Veteran's TDIU claim is remanded due to the need for updated VA treatment records and a VA examination. The case will also be referred to the Director of Compensation and Pension Service if the Veteran does not meet criteria for TDIU under §4.16(a).

The Veteran's migraine headaches are granted as service connected.,Obstructive sleep apnea is granted as secondary to PTSD.,Radiculopathy of the right lower extremity and left lower extremity are both granted as secondary to lumbosacral spine strain.,Right wrist and hand disorder, and left wrist and hand disorder, are both granted as secondary to fibromyalgia.,Right arm and elbow disorder is remanded for further development.

The Board denied the Veteran's claims for service connection for a right leg condition, to include residuals of a lipoma, radiculopathy, and right knee disability. The claim for TDIU was remanded.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for right lower extremity radiculopathy prior to December 18, 2009 and entitlement to TDIU prior to July 23, 2009 due to insufficient information regarding the severity of his radiculopathy. Additional development is needed including a VA medical opinion on the severity of his right lower extremity radiculopathy for the period prior to December 18, 2009 and an assessment of the significance of his use of Gabapentin.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities have been granted a rating, with the lumbar spine receiving a 40% rating.

The Veteran's diabetes mellitus, erectile dysfunction, bilateral cold foot sensation, diabetic neuropathies of the lower extremities, and diabetic retinopathy with cataracts are all rated at their maximum allowable levels. The Board has remanded for further development regarding service connection for cold feet.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further development. The service connection claims are based on direct evidence of a condition related to military service.

The Veteran withdrew his appeal, and the Board dismissed it.