Radiculopathy & sciatica Board decisions

The Veteran's disability rating for degenerative disc and joint disease of lumbar spine with strain was reduced from 40 percent to 10 percent, effective November 1, 2014. The reduction is upheld as the evidence shows actual improvement in his condition.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal. The claims for increase and service connection remain in appellate status.

The Veteran's claim for service connection for major depressive disorder has been reopened, and he is now entitled to a 40% rating for his lumbosacral spine degenerative disc disease. The separate 20% rating for right sciatic nerve radiculopathy is also granted.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, and the Board grants his TDIU claim.

The Board has decided to remand the Veteran's claims for service connection for various knee, lumbar spine, groin pain, and foot disorders due to incomplete records and the need for further medical examinations.

The Board has remanded the Veteran's appeal for development consistent with a recent Court holding, specifically addressing the severity and manifestations of her service-connected low back disability and right lower extremity radiculopathy during periods of flare-ups. The case is now pending again with the Board.

The Veteran's right elbow disability is currently rated at 10 percent, and the Board finds no basis for a higher rating.,Prior to September 27, 2018, the Veteran's back disability was rated at 10 percent. The Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for a rating in excess of 20 percent for her post-operative disc with lumbosacral strain and associated bilateral lower extremity radiculopathy was denied as the evidence did not support an exceptional disability picture that rendered the schedular criteria inadequate.

The Board has remanded two issues: service connection for a back condition, claimed as intervertebral disc syndrome, and service connection for epicondylitis of the right elbow. The Veteran's military service history is provided, along with his reported symptoms and medical records.

The Board has remanded the Veteran's claims for service connection and increased rating due to additional evidence that needs to be considered.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as the evidence did not show he was unable to secure or follow substantially gainful employment solely due to his service-connected conditions.

Service connection for bilateral hearing loss is granted. Service connection for Peyronie’s disease, diabetes mellitus type II, and peripheral neuropathy of the extremities are remanded.

The Veteran's bilateral lower extremity radiculopathy is granted as secondary to his service-connected lumbar spine disability. A rating of 40 percent for degenerative disc disease of the lumbar spine since March 9, 2017 is granted.

The Board has determined that the claims for service connection are remanded due to insufficient evidence regarding the Veteran's claimed stressors and medical records. The Veteran is also not entitled to a rating or effective date at this time.

The Veteran's appeal for withholding of VA disability compensation benefits due to military drill pay was denied as the evidence did not support his claim that he had fewer than 83 days of INACDUTRA in FY 2011 and FY 2012.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including obtaining outstanding VA and private treatment records. The case will also be referred to the Director of Compensation Services for an initial adjudication on whether an extraschedular TDIU should be granted prior to January 28, 2015.

The Veteran's nephrolithiasis disability was granted a 30 percent rating from October 23, 2012, to August 23, 2017. The Board has remanded the issues of entitlement to higher ratings for left ankle and right lower extremity radiculopathy disabilities.

The Veteran's service-connected disabilities, including anxiety disorder, back disorder, left knee disorder, and radiculopathies of the lower extremities, have prevented him from securing or following a substantially gainful occupation since January 31, 2013. Effective that date, he is granted a TDIU.

The Veteran's claim for a higher rating for DDD of the lumbar spine was denied, and his claim for a higher rating for right side lumbar radiculopathy from October 29, 2009 through June 18, 2014, and in excess of 20 percent from June 19, 2014 is being remanded.,The Veteran's claim for a TDIU was also remanded.

The Board has remanded the cases of urinary incontinence and left leg radiculopathy associated with service-connected lumbar spine fracture residuals with degenerative disc disease for further evaluation.