Radiculopathy & sciatica decisions — 2017

The Board has granted earlier effective dates of April 30, 2015 for all four service connection claims.

The Veteran's migraine headaches have been rated at 50 percent since March 22, 2012. The Board has also granted TDIU based on the combined effect of his service-connected disabilities.

The Veteran's service-connected disabilities have been granted increased evaluations, with the highest rating of 40 percent for peripheral neuropathy of the left hand.

The Veteran's appeal is being remanded for additional development, including obtaining a VA spine examination to determine the nature and etiology of any diagnosed neurological disabilities related to his cervical spine disorder.

Your claim for service connection for a left arm disability, including carpal tunnel syndrome, has been granted and you are now receiving a 20% rating effective March 1, 2017.

The Veteran's myocardial infarction has been rated at 60 percent since July 1, 2010.,Effective June 26, 2014, the RO granted service connection for radiculopathy of the right upper extremity and assigned a 40% rating. Effective June 26, 2014, the RO also granted service connection for radiculopathy of the left upper extremity and assigned a 30% rating.

The Veteran's claims for service connection and increased ratings were denied. The lumbar spine disability was rated at 10% prior to February 20, 2014, and 40% thereafter. The Veteran's radiculopathy of the left lower extremity and right lower extremity were each rated as 10%. His PTSD was rated as 30%, and his left leg scar was not assigned a compensable rating.

The Veteran's radiculopathy of the upper extremities was initially evaluated based on median nerve impairment, but has since been recognized as involving the upper radicular group. The Board finds that he is entitled to ratings of at least 20 percent for both upper extremities prior to May 1, 2015.

The Veteran's service-connected low back disability and right lower extremity radiculopathy have been rated as 10 percent disabling since the effective date of service connection. The Board has determined that a higher initial rating is warranted for both conditions, with an initial rating of 20 percent assigned.

The Veteran withdrew his appeal for the issues of entitlement to service connection for right upper extremity radiculopathy and entitlement to an initial evaluation in excess of 10 percent for actinic keratosis prior to December 8, 2016.

The Board has determined that the Veteran's current low back disability did not have its onset during service and was not caused by service. Therefore, the claim for service connection is denied.

The Veteran is granted a TDIU due to his service-connected disabilities.,A rating in excess of 10 percent prior to February 6, 2012 for radiculopathy of the right lower extremity is denied. The evidence shows that the disability more closely approximates mild incomplete paralysis at this time.,From February 6, 2012 onwards, a rating in excess of 20 percent for radiculopathy of the right lower extremity is denied. The evidence shows that the disability more closely approximates moderate incomplete paralysis at this time.,A rating in excess of 20 percent for radiculopathy of the left lower extremity is denied.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since June 28, 2014. The Board has granted TDIU effective from that date.

The Board has determined that service connection is granted for a neck condition and associated radiculopathy of the right upper extremity, with reasonable doubt resolved in favor of the Veteran.

The Veteran's claim for a TDIU prior to September 8, 2016 was granted. The effective date of the TDIU is set at January 31, 2011 as this is when the Veteran first became eligible for a TDIU on a schedular basis.

The Board has granted service connection for right ulnar nerve palsy, myositis, and carpal tunnel syndrome. The claim to reopen service connection for a nervous condition was also granted.

The Veteran's right shoulder degenerative arthritis with impingement syndrome is rated at 20 percent prior to February 18, 2016 and 30 percent from that date. The Veteran's radiculopathy of the right upper extremity is currently rated as 20 percent disabling.,The Veteran's claims for increased ratings are denied as his conditions do not warrant a higher rating based on current evidence.

The Veteran's right shoulder condition has not been characterized by limitation of motion at shoulder level or below.,For the entire period on appeal, the Veteran's left lower extremity radiculopathy has been manifest by moderately severe incomplete paralysis of the sciatic nerve with sensory deficits and pain, numbness, and tingling; those symptoms have not been productive of severe incomplete paralysis.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not preclude substantially gainful employment.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable rating schedule.