Radiculopathy & sciatica Board decisions

The Board denied the Veteran's request for an earlier effective date for the grant of service connection for radiculopathy of the bilateral upper extremities, finding that the evidence did not support a claim before September 14, 2017.

The Board has granted service connection for bilateral lumbar radiculopathy of the lower extremities, secondary to service-connected lumbosacral strain and degenerative arthritis of the lumbosacral spine. The issue of service connection for bilateral foot disability other than lumbar radiculopathy is remanded.

An initial disability rating of 20 percent, but no higher, for lumbosacral strain is granted prior to September 24, 2021. Separate ratings of 10 percent are granted for radiculopathy of the left and right legs associated with the lumbar spine.,Since September 24, 2021, a disability rating in excess of 20 percent for lumbosacral strain is denied.,An initial disability rating of 20 percent, but no higher, for cervical strain is granted prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 20 percent for cervical strain is denied.,Initial ratings in excess of 20 percent for peripheral neuropathy of the right and left upper extremities are denied.,An initial disability rating in excess of 30 percent for bilateral pes planus is denied prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 50 percent for bilateral pes planus is granted.,Service connection for chest pain has already been awarded as a manifestation of the Veteran's service-connected costochondritis.,The appeal for TDIU is dismissed.

The Board denied separate compensable ratings for left lower extremity radiculopathy and bladder impairment associated with the service-connected lumbosacral spine myositis, but granted a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) and basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Board has determined that the Veteran's right and left lower extremity sciatica / radiculopathy are not service-connected.,The Board also found that there is insufficient evidence to determine if the Veteran's acquired psychiatric disorder, including PTSD, is related to his military service.

The Veteran's appeal for TDIU and effective dates for service connection was dismissed due to the withdrawal of all claims by the Veteran.

The Veteran's cervical spine disability is rated at 20 percent, and the claims for left shoulder, hand, hip, leg, and foot disabilities are granted as secondary to his service-connected cervical disability. The claim for urinary incontinence is also granted.

The Board has remanded several claims for further development, including those related to the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy. The issues of service connection for a neurologic disability associated with his back disability, as well as effective dates for various grants of benefits, have also been remanded.

The Veteran's service-connected degenerative arthritis of the hands, lumbar spine degenerative disc disease (DDD), left lower extremity radiculopathy of the sciatic nerve, and cervical spine spondylosis (neck disability) have been granted higher initial ratings as of January 1, 2012.

The Board has remanded the claims for rating in excess of 20 percent for a lower back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient discussion of functional loss and lack of adequate medical opinion.

The Board determined that the Veteran's service-connected disabilities, including lumbar strain with degenerative arthritis and disc disease, right lower extremity sciatic radiculopathy, right lower extremity femoral radiculopathy, left lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, left hip limitation of flexion, left hip limitation of adduction, left hip limitation of extension, and cervical strain with spondylosis, are sufficient to grant a 100 percent combined rating. However, the Board found that the Veteran is not entitled to TDIU because his disabilities do not prevent him from maintaining any substantially gainful employment.

The Veteran's radiculopathy or neuropathy of the right and left lower extremities is not service-connected.,The Veteran's chronic lumbar strain disability does not warrant a rating in excess of 10 percent.

The Veteran's left lower extremity radiculopathy of the sciatic nerve is granted a rating of 40 percent, but no higher. Service connection for right lower extremity radiculopathy of the sciatic nerve as secondary to service-connected degenerative disc disease of the lumbosacral spine is also granted.

The Board has withdrawn the Veteran's appeals for ratings of his sciatic and femoral nerve conditions, as well as his lumbar spine disability. The issues have been remanded due to the need for additional development regarding the Veteran's lumbar spine disability.

The Board has determined that the VA examinations did not adequately address the Veteran's claims for service connection, and thus remanded the cases for additional development.

The Board has found that the RO did not substantially comply with the May 2021 remand directives and has therefore ordered further development for the issues of increased ratings for back condition, left lower extremity radiculopathy, and TDIU.

The Veteran's service-connected back condition renders him unable to secure and follow a substantially gainful occupation on an extraschedular basis, resulting in the grant of TDIU.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations. The initial rating of 10 percent, but no higher, is granted for left lower extremity radiculopathy (sciatic nerve) prior to January 17, 2019. The issues on appeal include increased ratings and TDIU.

The Board has remanded the Veteran's claims for service connection for a back disability and chronic fatigue to include as due to undiagnosed illness. The case will be returned to the RO for further development.

The Veteran's claim for TDIU prior to August 26, 2019 was denied as his service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment.