Radiculopathy & sciatica Board decisions

The Veteran's initial disability rating for left leg radiculopathy was granted at a 20 percent level prior to October 27, 2020. From that date, the Veteran received an increased rating of 40 percent.

The Veteran's acquired psychiatric condition is granted as secondary to his service-connected orthopedic conditions. Various issues of service connection and disability ratings are also granted or remanded.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and to clarify his reported in-service hospitalization. The claims for service connection are therefore being remanded.

The Veteran's radiculopathy of the sciatic nerve of the left lower extremity and lumbar disc disease were denied as they do not warrant a rating higher than 40 percent.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining any form of gainful employment consistent with his work and education background.

The Board has granted a 20 percent rating for the Veteran's radiculopathy of the left leg, effective from November 6, 2014. The maximum schedular rating was not assigned for the entire period on appeal.

The Board denied dependency and indemnity compensation based on service connection for the cause of the Veteran's death, finding that there is no evidence to support a relationship between his service-connected disabilities (back, lower extremity radiculopathy, hearing loss, tinnitus) and his death from myocardial infarction.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence added to his file after a July 2020 SSOC. The RO must consider this additional evidence in its initial review.

The Board denied the Veteran's requests for earlier effective dates for increased ratings and service connection due to lack of factual support within one year prior to his January 2016 intent to file.

The Veteran's cervical spine and lumbar spine disabilities are found to be related to service, specifically the helicopter crash in February 1967. Service connection is granted for these conditions.,Service connection is also granted for bilateral upper extremity radiculopathy (numbness in hands and arms) and right lower extremity radiculopathy (numbness in the right leg), both found to be secondary to service-connected cervical spine and lumbar spine disabilities.

The Board has remanded the claims for additional development and readjudication due to incomplete fulfillment of the August 2018 remand directives.

The Veteran's claims for increased ratings and TDIU have been remanded due to inadequate examination reports. The VA is instructed to schedule the Veteran for a new examination to assess his lumbar spine disability, right lower extremity radiculopathy, and their impact on employment.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent prior to November 18, 2016 and left lower extremity radiculopathy is currently rated at 20 percent. The Board has remanded the case for further development regarding the lumbar spine disability.,The Veteran's right and left lower extremity radiculopathies are currently rated based on their severity under Diagnostic Code 8520, which rates incomplete paralysis of the sciatic nerve.

The Veteran's appeals for increased ratings for his service-connected lumbar spine spondylosis and left lower extremity radiculopathy of the sciatic nerve have been dismissed as he has withdrawn his appeal.

The Veteran's depressive disorder is granted as secondary to service-connected disabilities. The carpal tunnel syndrome of the left upper extremity, including secondary to residuals of surgery for De Quervain’s Syndrome of the right upper extremity, is denied. The ratings for radiculopathy of both lower extremities are denied. A TDIU prior to September 20, 2019, is granted.

A 30 percent rating for cervical spine strain with degenerative disc disease (DDD) from May 18, 2018 is granted.,A 20 percent rating for right upper extremity radiculopathy prior to November 8, 2019 and a 30 percent rating thereafter is granted.,A rating higher than 40 percent for skin sores from August 13, 2018 is denied.

The Board denied entitlement to increased ratings for radiculopathy of the upper and lower extremities, finding that the evidence did not support a rating in excess of 20 percent for either condition.

The Veteran's claim for service connection for the residuals of corneal ulcer with infiltrate, left eye has been reopened. The appeal is remanded for further evaluation and rating of his other service-connected disabilities.

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

The Board has determined that the Veteran is entitled to TDIU from June 5, 2018, to October 1, 2018, due to his service-connected disabilities preventing him from securing and following substantially gainful employment.