Radiculopathy & sciatica Board decisions

The Veteran is entitled to a TDIU effective February 1, 2009 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for increased ratings for neck injury residuals with left shoulder and arm radiculopathy, and left knee degenerative joint disease due to inadequate medical opinions regarding functional impairment during flare-ups.

The Board denied the Veteran's request for an extension to file a Notice of Disagreement (NOD) regarding his July 2014 and November 2014 rating decisions, finding that he did not provide good cause for filing late. The ratings assigned for radiculopathy in both lower extremities and TBI were maintained.

The Veteran's low back disability and associated right lower extremity radiculopathy are currently rated as 20 percent disabling prior to April 25, 2013, and higher than 40 percent since that date. The left ankle disability is rated at 20 percent from June 15, 2016 onwards.,The Veteran's Type II Diabetes Mellitus remains rated as 20 percent disabling.

The Veteran's service connection claim for coronary artery disease (CAD) is granted. Claims for erectile dysfunction, right lower extremity radiculopathy, and left lower extremity radiculopathy are remanded.

The Veteran's increased disability ratings for lumbar spine DDD and left lower extremity radiculopathy have been denied. The Board found that the evidence did not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board has remanded the claims of service connection for lumbosacral strain, left leg pain (sciatica), and right arm pain due to lack of a medical opinion regarding the etiology of these conditions. The Veteran's lay statements will be considered in formulating opinions.

The Veteran's lumbar spine disability is currently rated at 20 percent, and no higher.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent, and no higher.

The Veteran's claim for service connection and increased rating of his lumbosacral spine disability, as well as bilateral lower extremity radiculopathy, is being remanded. The TDIU claim is also being remanded.

The Board has determined that a remand is necessary to obtain updated medical examinations and treatment records for the Veteran's service-connected radiculopathy of the lower extremities and degenerative arthritis of the lumbar spine, as well as to address the Veteran's claims for increased ratings.

The Board has determined that additional development and examination are needed to properly evaluate the Veteran's claims for increased ratings for his IBS, DJD of the thoracic spine, and radiculopathy of the lower extremities. The issues have been remanded.

The Board denied the Veteran's claims for service connection and increased ratings, as well as his request for a total disability rating based on individual unemployability. The issues were not related to service connection.

The Veteran's COPD was not incurred in or aggravated by service, and the Board denied service connection for this condition.,For the whole period on appeal, radiculopathy caused moderate incomplete paralysis of both upper extremities. The Veteran received a rating of 40 percent prior to March 5, 2019 for right upper extremity radiculopathy and a rating of 30 percent after that date for left upper extremity radiculopathy.,The Veteran's cervical spine disability was rated as 10 percent before March 5, 2019 and 30 percent thereafter. The Board found no evidence to warrant higher ratings based on the severity of symptoms.,Migraine headaches were not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has denied a rating in excess of 40 percent for left lower extremity radiculopathy of the sciatic nerve associated with service-connected lumbar strain with degenerative disc disease. The right shoulder and acquired psychiatric disorder issues are remanded for further examination and opinion.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development regarding his lumbar spine degenerative arthritis status post L5-S1 laminectomy.

The Board denied the Veteran's claims for increased ratings for lumbosacral strain, right sciatic nerve radiculopathy, and left sciatic nerve radiculopathy as there was no evidence of unfavorable ankylosis or incapacitating episodes. The current evaluations were found to be appropriate given the mild symptoms reported by the Veteran.

The Board denied service connection for neck disorder, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, and right lower extremity radiculopathy due to lack of evidence linking these conditions to service.

The Veteran's appeals for increased ratings in excess of 20 percent for peripheral neuropathy, sciatic and femoral nerves in both lower extremities have been dismissed due to his death.

The Board dismissed all pending claims as the Veteran withdrew his appeal.