Radiculopathy & sciatica Board decisions

The Veteran's ratings for degenerative disc disease of the thoracolumbar spine and radiculopathy of the right upper extremity have been restored to 20 percent effective May 8, 2015. The reduction in rating was found to be improper due to lack of improvement in function.

The Veteran's claim for a higher rating for his low back disability was granted, and an earlier effective date of October 15, 2013 for the award of a separate compensable rating for right lower extremity sciatica was also granted. The claims for increased ratings for left lower extremity sciatica and deviated nasal septum are still pending.

The Veteran's claim for service connection for left upper extremity radiculopathy was granted in May 2013 with an effective date of July 10, 2008. The Board found that the proper effective date is the date of receipt of claim or the date entitlement arose, whichever is later.

The Board denied earlier effective dates for service connection due to the Veteran's withdrawal of his claims and subsequent submission of new evidence.

The Veteran's depressive disorder is granted as service connected. The remaining issues of service connection for various other conditions are remanded.

The Veteran's appeal is remanded for further examination and evaluation due to the need for a new VA examination regarding his service-connected disabilities, specifically related to his lower extremities. The issues of eligibility for specially adapted housing or special home adaptation and special monthly compensation based on the need for regular aid and attendance are also being remanded.

The Veteran's back disability is rated at 40 percent, and his right and left lower extremity sciatica are each rated at 20 percent. The Veteran also received a TDIU rating.

The Veteran's claims for service connection have been reopened, and his bilateral hearing loss has been granted. Service connection is denied for low back disability, cervical radiculopathy of the left upper extremity, cervical radiculopathy of the right upper extremity, and right knee retropatellar syndrome.

The Veteran's claims for increased ratings for cervical spine DJD and DDD, lumbosacral strain with DJD and DDD, left ankle sprain with ruptured Achilles tendon, allergic rhinitis, right lower extremity varicose veins, left lower extremity varicose veins, left upper extremity radiculopathy (likely Cervical Spine), right upper extremity radiculopathy (likely Cervical Spine), and left lower extremity radiculopathy (likely Cervical Spine) have all been denied. The Veteran's PTSD claim has also been denied.

The Veteran's service-connected disabilities have prevented him from securing or maintaining substantially gainful employment throughout the period on appeal.

The Board has vacated its September 25, 2018 decision and remanded the issues of service connection for emphysema, cervical spine radiculopathy, gastrointestinal disability (GERD), and skin disability.

The Veteran's back condition with radiculopathy, left lower extremity is related to her in-service injury and has been granted service connection.

The Board denied the Veteran's claim for an effective date earlier than January 6, 2014 for the award of increased ratings for service-connected lumbar spine, left lower extremity sciatic radiculopathy, right knee, and left lower extremity varicose vein disabilities. The evidence showed a factually ascertainable increase in severity on or before January 6, 2014, but no earlier effective date was granted as there was no medical evidence of increased severity within the year prior to the claim.

The Veteran's appeals for increased ratings and TDIU were denied. The rating for low back strain, radiculopathy (right lower extremity), PTSD, and somatic symptom pain disorder remain at 40%, 10%, 70%, and 70% respectively. A total disability rating based on individual unemployability was granted from September 18, 2018.

The Veteran's lumbosacral strain and radiculopathy of the right lower extremity (sciatic nerve) have been granted increased ratings, with the lumbosacral strain rated at 40% effective October 28, 2014, and the radiculopathy rated at 20% effective May 16, 2018.

The Board has granted service connection for the Veteran's low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his in-service injury. The effective date is not specified.

The claim for service connection of a right ankle disorder is reopened. The claims for service connection of a back disorder and left leg radiculopathy are remanded.

The Board has found that the Veteran's low back disability does not warrant a rating in excess of 10 percent. The remaining issues on appeal, including increased ratings for left and right lower extremity radiculopathy, require additional development to determine the current severity of the Veteran's symptoms.

The Veteran's claim for a higher rating for PTSD was denied, and his TDIU claim was also denied as his service-connected disabilities do not render him unemployable.

The Board found that termination of TDIU from December 1, 2017 was not proper due to the Veteran's employer providing special accommodations for his service-connected disabilities. The earlier effective date claim for June 1, 2015 is also remanded.