Radiculopathy & sciatica decisions — 2018

The Board has remanded several issues related to the Veteran's service connection claims and rating determinations due to pending matters regarding his character of discharge from active duty.

The Board granted an initial rating of 20 percent for lumbar spine degenerative disc disease prior to June 16, 2018 and a rating of 40 percent beginning June 16, 2018. The TDIU claim was also granted.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations and development of his VA treatment records.

The Veteran's radiculopathy of the left and right lower extremities was initially granted a 10 percent rating, but later reduced to 10 percent effective August 5, 2016. The Board finds that an updated VA examination is necessary due to allegations of worsening symptoms.

The Veteran's cervical spine disorder is rated at 20 percent since April 1, 2013. The effective date for this rating is set as of April 1, 2013.

The Board has decided to remand the case due to the need for a medical examination to determine if the Veteran had a low back disability prior to entering active service and whether any current low back disorder is related to his military service.

The Veteran's TDIU claim is granted, and his right knee instability and medial meniscus tear claims are remanded for further development.

The Veteran's radiculopathy of the left lower extremity and left upper extremity disabilities are granted with effective dates of February 27, 2006 and April 1, 2012 respectively. The Veteran is also awarded a 20 percent disability rating for her left lower extremity disability as of September 8, 2016.

The Veteran's service-connected cervical spondylosis, right upper extremity radiculopathy, and left upper extremity neuropathy disabilities are reasonably shown to prevent him from obtaining or following substantially gainful employment.

The Board has decided that the Veteran's claims for service connection of left arm radiculopathy, right arm radiculopathy, and headache disability should be remanded due to insufficient evidence.

The Veteran's lumbar radiculopathy of the left lower extremity is rated at 20 percent, effective December 2, 2013.,The Veteran seeks an earlier effective date for TDIU on a schedular basis and on an extra-schedular basis.

The Board has determined that the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy require additional examination to determine the current severity of these conditions.

The Veteran's claims for service connection for tinnitus, allergic rhinitis, and tension headaches have been granted. The Veteran's claim for a heart disorder has been denied. Other issues related to his service-connected conditions or disabilities are being remanded.

The Board has denied the Veteran's claims for service connection of a left knee disability, including as due to service-connected residuals of a right tibia and fibula fracture with arthritic changes of the right knee; a left hip disability; and radiculopathy of bilateral lower extremities. The evidence does not support these claims.

The Board denied service connection for sciatica, finding no current disability and insufficient evidence to establish a link between the condition and service or a service-connected disability.

The Board has reopened the Veteran's claim for service connection of a cervical spine disorder and remanded other issues related to his claims. The Veteran will need to undergo VA examinations to determine the nature and etiology of any current cervical spine disorders, right and left upper extremity radiculopathies, and psychiatric disorder.

The Veteran's GERD is currently rated at 10 percent, and the Board finds no evidence of symptoms warranting a higher rating.,For his lumbar spine disability, the Veteran was previously rated at 10 percent prior to October 21, 2016. From that date forward, he has been rated at 40 percent. The Board concludes that neither period warrants a higher rating.

The Veteran's medical expenses for July 14, 2016 were approved because her severe back pain and sciatic pain required immediate emergency care at a non-VA facility due to the lack of feasible VA options.

The Veteran's right-sided sciatica and radiculitis have been granted a disability rating of 40 percent, but no higher. The Veteran’s low back disability has been remanded for further evaluation.

The Veteran's service-connected radiculopathy, right lower extremity, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.