Radiculopathy & sciatica Board decisions

The Veteran's initial rating for lumbar spine disability is denied, and a higher rating of 20 percent is granted. The Veteran's right lower extremity radiculopathy is rated at 10 percent. Service connection for Hepatitis C is remanded due to conflicting medical opinions. TDIU is also remanded.

The Board denied an initial rating higher than 20 percent for both right and left lower extremity radiculopathy, but granted a 40 percent rating for lumbar spine disability, a 70 percent rating for anxiety disorder, and a TDIU effective April 9, 2015.

The Veteran's right and left lower extremity radiculopathy were both rated at 10% prior to March 3, 2012. From March 3, 2012, the ratings for his right and left lower extremity radiculopathy increased to 20%. The rating for his back condition was also increased from 20% to 40% effective May 27, 2021.,The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbar spine, right knee and left lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Veteran's lumbar spine disability is rated at 20 percent prior to July 19, 2021, and at 40 percent thereafter. The Veteran is entitled to a higher rating for his back disability.,Right and left lower extremity radiculopathy were granted service connection effective April 22, 2014.

The Board denied service connection for radiculopathy of the upper right and left extremities, finding no positive nexus between these conditions and the Veteran's service-connected lumbar spine disorder. The decision also noted that the Veteran requires regular aid and attendance due to his service-connected disabilities.

For the rating period prior to March 26, 2014, the Veteran's service-connected disabilities did not meet the threshold requirements for TDIU and they do not render him unemployable.,From March 26, 2014, the Veteran is in receipt of a 100% disability rating for aortic stenosis with stable angina, status-post heart valve replacement. The issue of entitlement to a TDIU from this date is dismissed as moot due to his already receiving SMC benefits.

The Veteran was gainfully employed until October 22, 2011. His service-connected radiculopathy of the right upper extremity did not prevent him from securing and following substantially gainful employment during this period.

The Board has remanded the cases for further development due to inadequate rationale in previous VA medical opinions. The Veteran's right arm disability, left wrist arthritis, and bilateral hand/wrist conditions are not found to be related to service.

The Board has granted service connection for sleep apnea, headaches, lumbar disc herniation and bilateral lower extremity radiculopathy, left knee patellofemoral pain syndrome with chondromalacia and meniscus tear, right knee patellofemoral pain syndrome with meniscus tear post-operative, and radiculopathy of the left and right lower extremities.

The Veteran's major depressive disorder is granted as secondary to his service-connected ischemic heart disease. The claims for increased ratings of degenerative arthritis of the spine, peroneal or sciatic nerve weakness of the right and left lower extremities, and SMC based on aid and attendance are remanded.

The Board has determined that the Veteran's timely substantive appeals were received in response to the March 18, 2019 Statements of the Case. As a result, the appeal is granted for all issues listed.

The Veteran is seeking additional retroactive VA disability compensation benefits due to receipt of Concurrent Retirement and Disability Pay (CRDP) for the period from December 1, 2008 to June 30, 2012. The Board has remanded this case to determine if the Veteran received full amount of VA compensation benefits he was entitled to receive during that time.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU for the entire appeal period.

The Veteran's lumbar spine strain, left and right weak quadriceps muscles, and residuals of a right femur fracture disabilities are being remanded for additional examinations to determine their current severity. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating issues.

The Board has determined that the Veteran's neurological conditions, other than tremors, are not related to his service and therefore denied these claims.

The Veteran's radiculopathy of the bilateral femoral nerves and peripheral neuropathy of the left sciatic nerve have been rated based on their severity, with moderate symptoms for both conditions.,The service-connected surgical scar associated with degenerative disc disease with lumbar stenosis has not been assigned a compensable evaluation.

The Veteran's right knee replacement and related radiculopathy conditions have been granted service connection, with a separate evaluation for instability. The claim for an increased rating for the total knee replacement has been denied.

The Board has decided to remand the Veteran's claims for additional development due to inadequate examination reports and failure to consider all relevant evidence. Specifically, new VA examinations are needed to assess the severity of his gout, migraines, right shoulder disability, and upper extremity disabilities.

The Board denied the claim for TDIU, finding that the Veteran's service-connected disabilities do not preclude him from securing substantially gainful employment.