Radiculopathy & sciatica Board decisions

The Veteran's right upper extremity radiculopathy was rated at 40 percent disabling from October 10, 2018. The combined rating of his service-connected disabilities is currently 90 percent since September 11, 2019, which meets the criteria for TDIU. However, the Board has remanded the issue due to inadequate discussion in the previous decision.

The Board has remanded the Veteran's claims for an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, as well as his claims for increased ratings for right upper extremity radiculopathy and left upper extremity radiculopathy. The Veteran is also being asked to provide additional evidence regarding his TDIU claim from February 13, 2012 to August 27, 2012.

The Veteran's claim of service connection for PTSD has been granted.,Service connection is also granted for degenerative disc disease of the cervical spine, bilateral lower extremity radiculopathy, and bilateral cervical radiculopathy of the upper extremities, secondary to degenerative disc disease of the cervical spine.

The Board dismissed the appeals for earlier effective dates for service connection of right shoulder disability and left upper extremity radiculopathy.,For the entire rating period from July 18, 2018, to April 4, 2018, the Veteran's right upper extremity radiculopathy was rated at 20 percent; for the initial rating period from April 4, 2018, to present, the left upper extremity radiculopathy was rated at 20 percent. The appeals for increased ratings were dismissed as there is no evidence of moderate incomplete paralysis.,The Veteran's low back degenerative disc disease and spondylosis are service-connected, with a grant of service connection based on continuity of symptomatology since service separation.,Service connection was denied for right foot pes planus, left foot pes planus, right hand disorder, obstructive sleep apnea, acquired psychiatric disorder (insomnia and sleep disturbances), erectile dysfunction, and defective vision in both eyes. Service connection was also denied for a right hip disorder.

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for a back disorder, left hip disorder, and left sciatica are remanded due to the need for additional medical opinions. The Board finds that the necessary development has not been completed.

The Board denied the Veteran's claim for an extension of a temporary total rating based on convalescence following a back surgery, finding that no additional time was required due to post-operative residuals.

The Board has determined that additional development is necessary due to the Veteran's testimony indicating worsening of his service-connected bilateral hearing loss and peripheral neuropathy, and he received continued treatment for these disabilities. The Board finds new VA examinations are needed to determine the current level of severity of his service-connected disabilities.

The Veteran's claims for service connection for neurological disorders of the left and right upper extremities have been denied as there is no evidence that these conditions had their onset during service or are related to a service-connected disability.,The VA examinations provided opinions indicating that the Veteran's current neurological disorders are not caused by his service-connected diabetes mellitus type II.

The Board has remanded the claims for an initial rating in excess of 10 percent for lumbar spine disability and a separate rating for right lower extremity sciatic nerve radiculopathy prior to August 28, 2020. The TDIU claim is also remanded due to its interdependence with the other claims.

The Veteran's T-12 burst fracture and bilateral lower extremity sciatica are denied as they occurred during a period of dishonorable service.,Service connection for tinnitus is granted, but the claim for bilateral hearing loss remains pending due to insufficient evidence.

The Board has remanded the Veteran's claims for asthma, lumbar spine disability, and right lower extremity disability due to incomplete records and need for additional medical opinions.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his employment was not marginal and he could secure and follow substantially gainful employment.

The Board has determined that the Veteran's service-connected disabilities have prevented him from engaging in substantially gainful employment since June 1, 2005. Therefore, TDIU on an extraschedular basis is granted from this date.

The Veteran's claim for an earlier effective date for his service-connected left lower extremity radiculopathy was granted. The Board found that it was factually ascertainable that the Veteran had left lower extremity radiculopathy of the sciatic nerve as of March 1, 2017.

The case is being remanded due to the need for additional development and consideration of new evidence. The Veteran's claims for increased evaluations for his lumbar spine condition, radiculopathy in both legs, and TDIU are also being remanded.

The Veteran's disability rating for degenerative arthritis of the thoracolumbar spine has been increased to 20 percent, effective from the date of the decision. Service connection has also been granted for radiculopathy of the right and left lower extremities as a neurological manifestation of her service-connected back disability.

The Veteran's claims for radiculopathy of the left sciatic nerve, lumbar spine disorder, right knee disorder, and acquired psychiatric disorder have been reopened. The claims for radiculopathy of the left sciatic nerve and right knee disorder are denied as there is no evidence of an in-service injury or incident that caused these conditions. The claim for a lumbar spine disorder is granted due to a nexus with service, but the claim for an acquired psychiatric disorder remains pending.

The Veteran's appeal regarding the rating and effective date for his service-connected right lower extremity radiculopathy has been dismissed due to a withdrawal of the appeal by the Veteran through his authorized representative.

The Veteran's TDIU claim has been granted. The Board also found that the Veteran's bilateral shoulder condition requires further examination and opinion.

The Board has remanded the Veteran's claims for left knee strain, low back condition, and left lower leg radiculopathy due to inadequate nexus opinions in the May 2016 VA examination report. The claims are being returned for further development.