Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased ratings and effective dates, as well as his TDIU claim, are being remanded due to the need for additional development and consideration.

The Veteran's service-connected cervical spine disability is granted at a 40 percent rating, effective from the date of the decision. The Veteran’s hemorrhoid disability and low back disability are also granted with respective ratings. Other issues related to service connection or increased ratings have been remanded.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's radiculopathy of the left upper extremity, secondary to service-connected DDD of the cervical spine, is rated at 40 percent. The Veteran's radiculopathy of the left lower extremity (femoral nerve), also secondary to service-connected DDD of the lumbosacral spine, is rated at 30 percent.

The Veteran's appeal for an initial evaluation in excess of 10 percent for left lower extremity radiculopathy/sciatica prior to June 19, 2013, and in excess of 20 percent from June 19, 2013 to April 2, 2014 has been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's claim for service connection for sciatica associated with his service-connected low back disability, including lower extremity numbness is granted. The claim for service connection for foot flop is denied. The Veteran's claim for a rating in excess of 20 percent for left shoulder disability is also denied.

The Veteran's low back disability and radiculopathy of the right lower extremity are currently rated at 40% and 20%, respectively. The Board denied higher ratings for both conditions.

The Board has remanded the claims for service connection for PTSD, a rating in excess of 40 percent for lumbar spine disability, an initial rating in excess of 10 percent for left lower extremity radiculopathy, an extraschedular rating for migraine headaches, and TDIU due to service-connected disabilities. The remand also includes requests for additional VA treatment records and a PTSD examination.

The Board has remanded the claims due to insufficient evidence and need for further examination.

The Veteran's cervical strain and arthritis of the lumbar spine are not rated higher than 10 percent. GERD is rated at 10 percent, radiculopathy of the left lower extremity is rated at 20 percent, and radiculopathy of the right lower extremity is rated at 20 percent.

The Veteran's bilateral ankle condition is being remanded for further evaluation as it may be related to his service-connected disabilities.,The Veteran's cardiovascular disease and acquired psychiatric disorder (PTSD) are also being remanded for further evaluation.

The Veteran's initial compensable rating for right ear hearing loss is denied.,Service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and bilateral senile cataract (claimed as vision and eye disorder, residual from 2003 infection) are all denied.,Service connection for gastroesophageal reflux disease (GERD) is denied. The Veteran's GERD is not shown to be related to service or a service-connected condition.,Service connection for obstructive sleep apnea is denied. The Veteran's obstructive sleep apnea is not shown to be related to service or an undiagnosed illness.

The Board has granted service connection for the Veteran's lumbar degenerative joint disease with radiculopathy to both lower extremities, finding that it is related to an in-service injury.

The Veteran's hiatal hernia, varicose veins from March 29, 2016, and lumbosacral strain with sciatic radulopathy are rated appropriately. A TDIU is granted for disabilities since March 29, 2016.

The Board denied service connection for a neurological disability of the right and left lower extremities, finding no present disabilities.

The Veteran's lumbosacral spine disability is currently rated at 40 percent, effective October 26, 2017. The issue remains on appeal for a higher rating prior to that date.,TDIU was granted from August 2010 to prior to October 26, 2017.

The Veteran's claim for service connection for bilateral sensorineural hearing loss (SNHL) is denied as there is no objective medical evidence to support a diagnosis of bilateral SNHL.,For the period prior to January 11, 2018, the Veteran’s lumbar spine condition was not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine not greater than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; ankylosis; or doctor-prescribed bed rest. Therefore, a rating in excess of 10 percent is denied.,From January 11, 2018, the Veteran’s lumbar spine condition was manifested by forward flexion of 30 degrees and did not require doctor-prescribed bed rest at any during this period. Thus, a rating in excess of 40 percent is denied.,For the period prior to September 17, 2015, the Veteran’s right lower extremity radiculopathy was manifested by mild, incomplete paralysis of the sciatic nerve of an entirely sensory nature. From September 17, 2015, it was manifested by moderate, incomplete paralysis of the sciatic nerve of an entirely sensory nature. Therefore, a rating of 20 percent is granted for right lower extremity radiculopathy from September 17, 2015.,The Veteran's claim for TDIU is granted.

The Veteran's service-connected left upper extremity radiculopathy is rated at 40 percent from July 2, 2014. The Board found that the disability is more accurately described as moderate incomplete paralysis and thus warrants a 40 percent rating.

The Veteran's appeal for increased ratings and service connection has been denied. The case is remanded to obtain additional medical opinions regarding the Veteran's headaches, lumbar spondylosis rating, and TDIU.

The Board has remanded the Veteran's claims for increased rating and TDIU due to service-connected lumbar spine strain. The remand requires clarification on whether the Veteran has had radiculopathy associated with his lumbar spine condition at any time during the period on appeal.