Radiculopathy & sciatica Board decisions

The Board has granted the Veteran's requests to reopen his claims for service connection for asthma, sinusitis, avascular necrosis of the right hip, avascular necrosis of the left hip, cellulitis, bilateral feet, bilateral pes planus (also claimed as tendonitis), radiculopathy, and right shoulder torn muscle. The Board has also remanded these reopened claims to obtain additional medical evidence and provide a VA examination.

The Veteran's claims for earlier effective dates and increased ratings are denied. The Board finds that the evidence supports a 100% rating from September 25, 2015, but no earlier. The Veteran's TBI, lower back disability, and wrist conditions are remanded for further development.

The Board has determined that the claims for increased ratings and TDIU are inextricably intertwined with the Veteran's claims for SSA records and private treatment records. The case is therefore being remanded to obtain these records.

The Board has remanded the Veteran's claims for service connection for erectile dysfunction and urethra condition, right hip condition, and right lower extremity sciatica due to insufficient evidence in the record.

The Veteran's service-connected disabilities have rendered her in need of aid and attendance, housebound, and eligible for specially adapted housing. The appeal regarding a special home adaptation grant is dismissed as moot.

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing an addendum opinion regarding whether the Veteran's left leg radiculopathy is proximately due to or aggravated by his service-connected lumbosacral strain.

The Veteran's claims for higher ratings for cervical radiculopathy and left shoulder disorder were denied. The Board found that the current assigned ratings adequately reflected the severity of his disabilities.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and his failure to complete the required VA Form 21-8940 prevented the Board from determining his employability.

The Board dismissed the Veteran's claims for service connection for various types of peripheral neuropathy in all extremities, as these conditions were already granted effective August 1, 2014.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating due to individual unemployability.

The Veteran's service-connected disabilities prior to November 4, 2019 do not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's bilateral lower extremity radiculopathy was granted a 40 percent evaluation effective January 22, 2020. The decision also denied evaluations in excess of 40 percent for the period after that date.

The Veteran's claims for increased ratings for cervical spine disorder and right upper extremity radiculopathy were denied. The case was also REMANDED for additional development due to the presence of a new issue (service connection for sleep apnea).

The Board has remanded the Veteran's claims for additional development, including obtaining clarification on TDIU and scheduling VA examinations to assess her cervical spine disability and upper extremity radiculopathy.

The Veteran was granted a TDIU for the period from September 11, 2014 through August 20, 2018 due to his service-connected low back disability.

The Veteran's service-connected disabilities, in combination, have precluded his employability since June 18, 1983. The Board has granted a TDIU effective June 18, 1983 on an extraschedular basis and dismissed the claims for higher initial ratings for bilateral knee disabilities.

The Veteran's leukemia is granted service connection. The claims for hernia, neck disability, and bilateral upper extremity radiculopathy are remanded.

The Veteran's lumbar spine disability is rated at 20 percent, effective July 7, 2017. The initial ratings for radiculopathy of the left and right lower extremities are denied.

The Veteran's low back disability is rated at 40% and right lower extremity radiculopathy at 10%. The acquired psychiatric disorder (depression) prior to September 23, 2016, is not rated higher than 30%.,No new rating is granted for the Veteran's low back disability or right lower extremity radiculopathy. The acquired psychiatric disorder (depression) from September 23, 2016, is not rated higher than 70%.

The Board is remanding the claims for an effective date earlier than April 17, 2009 for service connection and higher ratings for radiculopathy to allow the AOJ to properly consider these issues.