Radiculopathy & sciatica Board decisions

The Veteran's lumbar spine disability is rated at 20 percent, effective October 19, 2010. The Board denied a higher rating for this condition.,Service connection has been granted for bilateral lower extremity radiculopathy involving the femoral nerve as secondary to his service-connected lumbar spine disability.

The Board has remanded the claims for service connection due to insufficient development and consideration of the Veteran's statements regarding his in-service injuries. The issues are now pending for further review.

The Board has granted service connection for a low back condition, but denied service connection for a cervical spine condition.

The Veteran's right upper extremity radiculopathy was rated at 20 percent prior to May 22, 2017 and increased to 40 percent from that date. The Veteran also received a separate 30 percent rating for left upper extremity radiculopathy starting January 19, 2018.,The appeal is remanded due to the need for further development regarding the Veteran's TDIU claim.

The Board denied increased ratings for left and right lower extremity intervertebral disc syndrome (IVDS) involving the sciatic nerve, as the disability did not meet or more closely approximate the criteria for a higher rating.

The Veteran's tinnitus is service connected as it was present during service and continues to this day.,Service connection for a back disability is granted, with the condition being related to in-service injuries. The Board finds that the evidence is at least in equipoise as to whether the current back disability is related to service.

The Board has granted service connection for lumbar radiculopathy of the left lower extremity, finding that the Veteran's current condition is at least as likely as not related to his in-service back pain and symptomatology.

The Veteran's inguinal hernia was granted service connection, while his claims for myeloma and other conditions were denied.

The Board has granted service connection for lumbosacral degenerative disc disease with right lower leg recurrent sciatica, finding that the evidence is in equipoise as to whether the condition was related to an in-service injury.

The Veteran's claim for a compensable disability rating for right lower extremity radiculopathy prior to September 4, 2019 and in excess of 10 percent thereafter was denied. The Veteran also received an award of TDIU effective March 5, 2015.

The Veteran's SMC claim for regular aid and attendance is granted. The automobile allowance claim is denied due to the absence of permanent loss of use of one or both feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of knees or hips in his service-connected disabilities. The TDIU claim before July 17, 2002, is remanded for extraschedular consideration.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and therefore a TDIU is denied.

The Board has granted service connection for the Veteran's lower back disability and associated radiculopathy of the bilateral lower extremities, finding that the evidence is at least in equipoise as to whether these conditions arose during active service.

The Veteran's TDIU claim is denied as he does not meet the criteria for a schedular or extra-schedular TDIU rating due to his service-connected disabilities alone.

The Board denied the Veteran's claim for VA non-service-connected disability pension benefits as his income and net worth were not provided in a timely manner, and he was found to be permanently and totally disabled due to service-connected disabilities.

The Veteran's initial rating for lumbar spondylosis was granted at 40 percent prior to December 10, 2019. From that date onwards, a higher rating is denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from July 13, 2013 onwards.

The Board has remanded the cases due to inadequate examination reports and failure to consider flare-ups as required by Sharp v. Shulkin, 29 Vet. App. 26 (2017).

The Board denied the Veteran's requests for earlier effective dates for separate ratings of 10 percent for left lower extremity radiculopathy and a 20 percent rating for his back disability, finding that the evidence did not support earlier effective dates based on the criteria provided.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.