Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claims for additional vocational rehabilitation training benefits to obtain a law degree and retroactive induction into a rehabilitation program for completion of a Bachelor of Science degree in construction management due to incomplete records and need for further evaluation.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative arthritis of the lumbar spine. The claim for an initial compensable rating from December 12, 2014, through August 31, 2016 and in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine is remanded.

The Veteran's right and left lower extremity radiculopathy have been granted increased ratings of 20 percent each, effective February 19, 2013.

The Veteran's claims for increased initial ratings and separate compensable ratings were denied as the evidence did not support higher disability ratings based on service-connected conditions.

The Veteran's service-connected disabilities are deemed to be of such severity as to preclude substantially gainful employment, warranting a TDIU for the period prior to April 13, 2018. The Board has also remanded the issues of entitlement to service connection for chest pain and heart attacks, and neurological conditions, including numb and cold hands and feet, and neurological problems of the arms and shoulders.

The Veteran's lumbar spine degenerative disc disease rating was reduced from 40% to 20%, effective June 1, 2017. The reduction is being remanded as it may have been improper.,The Veteran’s lumbar spine degenerative disc disease has now been restored to a 40% rating.

The Veteran's claims for increased ratings and service connection have been remanded by the Board of Veterans' Appeals. The effective dates for his service-connected conditions remain March 31, 2016.

The Board denied the Veteran's claim for SMC based on statutory housebound status as he does not have a single service-connected disability rated totally disabling, to include consideration of total disability based on individual unemployability (TDIU).

The Veteran's lumbar spine disability is currently rated at 20 percent, but the evidence does not support a higher rating due to lack of forward flexion of more than 30 degrees or favorable ankylosis.,The Veteran's left and right lower extremity radiculopathy are both currently rated at 20 percent.

The Board has denied the Veteran's claims for service connection and increased rating for various knee disabilities, lumbar spine disability, and sciatic radiculopathy of the lower extremities. The appeals are dismissed or denied.

The Veteran's radiculopathy of the left lower extremity is now rated at 40 percent, effective January 28, 2021. The right lower extremity continues to be rated as 20 percent disabling prior to December 30, 2019 and from January 28, 2021 onwards.

The Veteran's sensory deficits of the sciatic nerve in both lower extremities are currently rated as 20 percent disabling, which is the maximum rating available under VA regulations. The Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's left shoulder dislocation and degenerative arthritis of the lumbar spine (L5/S1) are also currently rated as 20 percent disabling, with no indication of any other service-connected conditions or exposure basis.

The Board dismissed the Veteran's appeal of service connection for right leg radiculopathy due to his withdrawal. The issue of service connection for PTSD is remanded.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, including thoracolumbar spine strain with sprain and spondylosis, left lower extremity sensory neuropathy of the sciatic nerve, PTSD, hypertension, right lower extremity radiculopathy, and left hand burn scar. The Board granted TDIU on both a schedular and an extraschedular basis.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since September 2, 2008.

The Board has determined that the Veteran's lumbar spine disorder, including arthritis, was not incurred or aggravated by service and is unrelated to any event in service. The claim for service connection is denied.

The Veteran's claim for an initial rating in excess of 20 percent for right lower extremity radiculopathy was denied. The appeal for a TDIU prior to February 13, 2014, is remanded.

The Board has denied the Veteran's claims for service connection for right lower extremity radiculopathy and a rating in excess of 10 percent for his left finger disability, finding no current diagnosis or evidence supporting these claims. The appeal is remanded for further development.

The Veteran's neck disability is rated at 60 percent effective April 11, 2012. The Veteran’s right and left lower extremity femoral nerve radiculopathy are each rated at 20 percent effective January 6, 2021. A TDIU has been granted.