Radiculopathy & sciatica decisions — 2018

The Veteran's claims for higher ratings for his service-connected cervical spine and right upper extremity radiculopathy are being remanded due to the need for a new VA examination.

The Veteran's initial evaluations for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. However, an increased evaluation to 40 percent was granted for radiculopathy as of July 23, 2015.,Initial compensable evaluations were denied for migraine headaches prior to October 26, 2011 and from October 26, 2011 through July 15, 2014. A separate compensable evaluation was granted as of July 16, 2014.

The Board denied the Veteran's claim for service connection for intervertebral disc syndrome, degenerative disc disease, spinal stenosis of the lumbar spine, and radiculopathy as there was no evidence to support a nexus between these conditions and his active service.

The Veteran's service-connected chronic lumbosacral strain with radiculopathy has rendered him unable to secure or follow substantially gainful employment since June 15, 1994.

The Veteran's heart condition, vision loss, back conditions, lower extremity radiculopathy, cervical spinal stenosis, right hip condition, kidney failure, arthritis, fibromyalgia, shoulder pain, varicose veins, carpal tunnel syndrome, and restless leg syndrome are all related to service exposure to hazardous chemicals. The Veteran must be provided with a VA examination for each issue.,The Veteran's major depressive disorder, patellofemoral pain syndrome of the left knee, bilateral sensorineural hearing loss, allergic rhinitis, and mild recurrent major depressive disorder, with moderate generalized anxiety disorder and panic disorder are all related to service exposure to hazardous chemicals. The Veteran must be provided with a VA examination for each issue.

The Veteran's service-connected radiculopathy of the left lower extremity is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence.

The Veteran's right lower extremity incomplete paralysis of the sciatic nerve is granted a rating of 60 percent effective January 27, 2016. The left lower extremity incomplete paralysis of the sciatic nerve is granted a rating of 40 percent as of June 24, 2015.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to the withdrawal of claims by his attorney, as well as the lack of evidence showing he filed a claim prior to certain effective dates.

The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability, sciatic nerve radiculopathy, right knee patellofemoral syndrome, and left ankle disability due to insufficient medical evidence. The VA will provide additional examinations to determine the current severity of these conditions.

The Veteran's initial claim for increased ratings for his back disability and radiculopathy of the lower extremities was denied. The Board found that the evidence did not support a higher rating prior to May 30, 2015, but granted a 20 percent rating from May 30, 2015 to October 8, 2017 for his back disability and a 20 percent rating for radiculopathy of the left lower extremity from October 9, 2017.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development, including a lack of an opinion from a foot specialist. The AOJ is instructed to obtain a VA examination by a podiatrist or appropriate specialist to assess the current nature and severity of his residuals of a fractured left great toe.

The Veteran's left lower extremity radiculopathy is granted a 40 percent rating effective January 24, 2012. The appeal for an earlier effective date was denied.

The Veteran's neurocognitive disorder is granted as service-connected, and he receives a separate 20% rating for radiculopathy of the right lower extremity. Other claims are denied.

The Veteran withdrew his appeal on the issues of lumbar radiculopathy, renal disease, and neuritis.

The Board has remanded the Veteran's claims for lumbosacral strain, right sciatic nerve, and TDIU due to incomplete examination reports and issues related to flare-ups. A new VA examination is needed.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent effective October 5, 2015. The Board also granted compensable disability evaluations for his sciatic nerve radiculopathy in both legs.

The Board has decided to remand the Veteran's claims for increased ratings due to allegations of worsening symptoms and the need for updated VA examinations.

The Board has decided to remand the Veteran's claims for initial disability ratings and TDIU due to insufficient examinations of his cervical spine stenosis and left radiculopathy at C5-6 roots, as well as a reexamination is required.

The Veteran's right upper extremity peripheral nerve disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity have been granted a 20 percent rating from specific dates.,A higher rating is denied for all periods.

The Board denied service connection for lumbar sciatica/radiculopathy of the left lower extremity due to a lack of evidence showing a current disability. The Veteran's claims for increased ratings were also remanded.