Radiculopathy & sciatica Board decisions

The Veteran's claim for a rating in excess of 40 percent for postoperative residuals of lumbar strain with lateral recess stenosis L5-S1 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine.,The Veteran's claim for a rating in excess of 20 percent prior to June 6, 2016, and in excess of 40 percent thereafter, for left lower extremity radiculopathy was denied as there were no incapacitating episodes over the past 12 months.

The Veteran's initial entitlement to a 10 percent rating for left and right lower extremity radiculopathy is granted from January 9, 2014 to April 28, 2016. The Veteran's subsequent requests for higher ratings are denied.

The Veteran's left hip condition and right lower extremity radiculopathy are granted as secondary to his service-connected back disability. The effective date for the award of service connection is not specified.

The Board has remanded the case due to insufficient evidence regarding the Veteran's ability to perform sedentary work in light of his service-connected disabilities. The Veteran needs a vocational assessment from a Veterans Health Administration Vocational Rehabilitation Specialist.

The Veteran's claim for service connection for a lumbar spine disability has been reopened, but the evidence does not support granting this claim.,Service connection was denied for radiculopathy of both the left and right lower extremities.

The Board has remanded several issues related to the Veteran's service connection claims and rating determinations for various conditions, including right knee surgery, bone spurs of the left foot, left lower extremity radiculopathy, degenerative disc disease (DDD) of the lumbar spine low back strain, and sciatic nerve (right lower extremity radiculopathy).

The Board denied the motion to revise or reverse the July 2014 rating decision that assigned an effective date of February 4, 2014, for the award of a separate rating for lumbar radiculopathy of the right lower extremity on the basis of clear and unmistakable error (CUE).

The Board has determined that the Veteran's service-connected disabilities have increased in severity since her last VA examination, and she is therefore required to undergo new examinations to determine the current severity of her conditions.

The Board has determined that the Veteran's service-connected disabilities, particularly her lower back and bilateral hip conditions, render her unable to secure or maintain substantially gainful employment. As a result, TDIU is granted.

The Veteran's claim for an increased rating for lumbar radiculopathy of the right lower extremity was denied, and his TDIU claim was granted.

The Board has remanded the claims for neck, right arm, left shoulder, and left arm disabilities due to insufficient evidence in the record.

The Board has remanded the case for further development to determine if a current cervical disorder, including radiculopathy, is related to active duty service. The Veteran's claim for residuals of a left shoulder and upper arm injury remains denied.

The Board has remanded two issues related to effective dates for TDIU and Dependents' Educational Assistance. The Veteran's appeal is considered timely, but the claims are being referred to the Director of Compensation Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's service-connected disabilities have made it impossible for him to obtain or retain substantially gainful employment throughout the appeal period.

The Board denied the Veteran's claim for TDIU in April 2014, and later granted it with an effective date of February 20, 2015. The Veteran requested an earlier effective date, but the Board found no legal entitlement to such.

The claim of entitlement to service connection for sciatica, left lower extremity, is remanded due to the need for verification of active duty and inactive duty training dates. A new VA examination is also required to determine if the condition was incurred in or caused by a period of service.

The Veteran's right-side hemiparesis was caused by a surgical complication during VA care, resulting in the grant of compensation under 38 U.S.C. § 1151.

The Veteran's appeals for an initial rating in excess of 10 percent for service-connected radiculopathy of the right lower extremity and for an effective date earlier than June 11, 2014, were dismissed.

The Board found that the overpayment of $25,032.83 was properly created due to the Veteran's incarceration for a felony conviction and denied his appeal.

The Board has granted service connection for left knee degenerative arthritis status post meniscectomy, left lower extremity radiculopathy, and lumbosacral strain with degenerative joint disease. As these claims have been resolved in favor of the Veteran, they are no longer under appeal.