Radiculopathy & sciatica Board decisions

The Veteran's left lower extremity radiculopathy is rated at 20 percent, and his right lower extremity radiculopathy is rated at 10 percent, both effective February 1, 2011.

The Veteran's service-connected back disability, right and left lower extremity radiculopathy were granted an effective date of June 28, 2017. The rating for the lumbar spine scar was granted with a 40% rating effective August 10, 2018.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent, from July 29, 2014, to October 27, 2019, and in excess of 60 percent thereafter, for lumbosacral strain and IVDS; as well as initial ratings of 10 percent, from August 27, 2013, to October 28, 2019, and in excess of 40 percent thereafter, for radiculopathy of the left and right lower extremities. The remand includes obtaining additional medical evidence and conducting a new examination.

The Veteran's service-connected spinal fusion and bilateral lower extremity radiculopathy have resulted in unemployability, based on the evidence discussed. The Board affords the Veteran the benefit of doubt and finds that his service-connected disabilities satisfy the criteria for Total Disability Evaluation Based on Individual Unemployability (TDIU).

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU based on his combined disability rating of 50%.

The Board has denied the Veteran's claims for service connection for a cervical spine condition, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Board found that there is no evidence of a nexus between these conditions and the Veteran's active duty service or his service-connected back disability.

The Board has determined that there is insufficient evidence to adjudicate the claim for SMC based on the need for aid and attendance due to service-connected disabilities. The case is being remanded to schedule a VA examination to assess the impact of all service-connected disabilities on the need for aid and attendance.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues related to his lumbar spine disability, radiculopathy of the lower extremities, and unemployability.

The Veteran's PTSD and other service-connected disabilities make it impossible for him to secure or maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has granted disability ratings of 40 percent for bilateral lower extremity radiculopathy/sciatic nerve paralysis, effective January 28, 2013. The Veteran's symptoms more nearly approximated moderately severe incomplete paralysis.

The Board granted a total disability rating based on individual unemployability (TDIU) for the Veteran's cervical spine DDD, which was part of an increased rating request. The attorney is entitled to 20% of past-due benefits awarded in September 2020.

The Veteran's service-connected radiculopathy of the right lower extremity (sciatic) was granted effective August 19, 2019. An earlier effective date is denied as the claim arose prior to May 31, 2006.

The Veteran's claim for service connection for right lower extremity radiculopathy was granted with an effective date of March 6, 2014. The initial rating assigned is 10 percent.

The Veteran's left ear hearing loss is rated as noncompensable, and he does not have service-connected hearing loss in his right ear.,New evidence has been submitted to warrant readjudication of the claims for varicose veins of the lower extremities and low back disability. However, these claims are denied.

The Veteran's claim for an earlier effective date for cervical spine degenerative arthritis is denied as the increase in disability became factually ascertainable on February 9, 2019.,The Veteran's claims for earlier effective dates for left and right lower extremity radiculopathy are denied because these conditions did not arise until after the initial claim period.,The Veteran's claim for an earlier effective date for Dependents' Educational Assistance (DEA) is granted as of November 13, 2018.

The Board has determined that further development is needed for the Veteran's claims related to his right ankle, hip, cervical spine, migraine, and knee disabilities. The VA examinations are deemed inadequate due to lack of proper range of motion testing and failure to address flare-ups.

The Board has remanded the Veteran's claims for neck disability, bilateral upper extremity radiculopathy, and back disability due to inadequate examinations and lack of clear opinions regarding service connection.

The Board has found that there is not enough evidence to support the Veteran's claims for service connection of low back disability, bilateral ankle disability, migraines, chronic fatigue syndrome, and neurological disability. The case is being remanded for further development.

The Veteran's claims for higher initial disability ratings for bilateral lower extremity radiculopathy of the femoral nerve and left lower extremity radiculopathy of the sciatic nerve were denied as his symptoms did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection for migraines and bilateral lower extremity radiculopathy due to inadequate compliance with previous remand directives. The case is being returned to the Board for further development.