Radiculopathy & sciatica Board decisions

The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities, which render him unemployable. The Board grants a total disability rating based on individual unemployability.

The Veteran's claim for an initial disability rating in excess of 30 percent for left upper extremity radiculopathy was denied. The evidence showed mild incomplete paralysis, with symptoms including pain and numbness in the left forearm, hands, and fingers.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his service-connected lumbosacral strain and separate compensable ratings for radiculopathy of the bilateral lower extremities due to additional development being required.

The Veteran's appeal was withdrawn regarding the claim for a higher rating for epilepsy. The Board granted SMC based on need for aid and attendance (A&A) and SAH.

The Board has determined that the Veteran does not have a back disability or radiculopathy of the bilateral lower extremities that was incurred in service. The evidence shows no chronicity of symptoms during service and no indication of such conditions until many years after separation from active duty.

The Veteran's claims for service connection, increased ratings, and TDIU have been granted. The claim for DEA benefits before February 19, 2009 is pending.

The Veteran's service-connected BPPV and LLE radiculopathy are granted, with the LLE radiculopathy rated at 10%.

The Veteran's appeal is being remanded due to the need for clarification on the extent of his service-connected low back disability and additional development of evidence.

The Veteran's claims for higher ratings for his knees, hip and spine disabilities were denied. The Veteran was awarded separate 10 percent ratings for degenerative arthritis of the right knee and left knee prior to August 20, 2007, but no higher rating is warranted.

The Board has granted a 40% rating for the Veteran's lumbar strain with IVDS effective June 24, 2009. The Veteran's radiculopathy of the right leg is also service connected as secondary to his low back disability.

The Board has determined that the Veteran's current heart disability, specifically tachycardia, is related to his military service. The Veteran was not granted service connection for hypertension or carpal tunnel syndrome (claimed as pinched nerve), radiculopathy, loss of strength, residuals of fracture, right fourth and fifth metacarpals, residual surgical scar, right hand, or TDIU.

The Veteran's service-connected disabilities, including degenerative intervertebral disc disease of the lumbar spine and cervical spine, as well as other conditions, have been considered. The claim for a compensable rating for residuals of a left elbow injury is granted, with an effective date to be determined based on further review. Service connection for varicose veins was denied previously. Compensation under 38 U.S.C. § 1151 for dental issues has also been addressed.

The Veteran's claims for higher initial disability ratings were denied. The Board found that the criteria for increased ratings were not met at any point during the appeal period.

The Veteran's low back disability with radiculopathy was restored to a 50 percent rating effective April 12, 2007. The other issues remain pending and will be remanded for further development.

The Board has determined that the Veteran's low back disability and left leg nerve disability are related to his military service, granting service connection for both conditions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for hypertension or psoriasis, and there was no evidence of PTSD, tinnitus, right lower extremity radiculopathy, or any other claimed conditions.

The Veteran's claim for a TDIU was denied as he failed to provide sufficient information and evidence to establish that his service-connected disabilities rendered him unable to obtain and sustain a substantial gainful occupation.

The Veteran's appeal is being remanded due to the failure of proper notification for a scheduled BVA video conference hearing. The issues on appeal are increased evaluations for left and right lower extremity radiculopathy.

The Veteran's right chronic Achilles tendonitis is rated at 10 percent, the maximum available under Diagnostic Code 5271. Service connection for cervical spine arthritis and left upper extremity radiculopathy (due to cervical spine disability) are granted as they are related to service-connected conditions. Migraine headaches are also service connected. Thoracic outlet syndrome is not service connected due to lack of a nexus. Somatic symptom disorder and antisocial personality disorder are service connected, while borderline personality disorder is not.

The Veteran's claim for a TDIU prior to January 26, 2015 was denied as the evidence did not meet the criteria for an extraschedular rating.