Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities preclude substantially gainful employment prior to March 30, 2011.

The Board denied an earlier effective date for the grant of service connection for radiculopathy of the right arm, but remanded the issue of an earlier effective date for the cervical spine disability.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy are being remanded for further evaluation due to a recent stroke that has caused additional symptoms.

The Board has granted service connection for a cervical spine disability, but the Veteran's claim for secondary service connection for sensory radiculopathy to his cervical spine disability remains pending and requires further examination.

The Board denied the Veteran's claim for service connection for radiculopathy of the bilateral lower extremities, finding that there was no evidence to support a direct link between his in-service thoracic strain and current radiculopathy. The Board also found insufficient evidence to establish secondary service connection.

The Board denied the Veteran's claims for service connection for radiculopathy of the left and right upper extremities, as well as his claim for a TDIU. The Board found that there was no evidence to support the Veteran's contention that his radiculopathy was secondary to his service-connected disabilities, including cervical dorsal myositis or left trapezius and supraspinatus muscle myositis. Additionally, the Board determined that the Veteran could perform sedentary employment with limited neck movement due to his service-connected disabilities.

The Board has denied service connection for tinea pedis and dismissed the claim of service connection for sleep apnea. The claims of service connection for erectile dysfunction, bilateral hands disability, and radiculopathy of the right lower leg are all remanded.

The Veteran's right lower extremity radiculopathy was rated at 20% prior to October 29, 2009 and increased to 40% from October 29, 2009 to August 21, 2016. From August 22, 2016, the rating for right lower extremity radiculopathy was denied. The left lower extremity radiculopathy was rated at 40% from October 29, 2009 and increased to 60% thereafter. The Veteran's entitlement to specially adapted housing was granted.

The Board has remanded the cases for further examination and rating determinations due to inadequate examinations in previous decisions.

The Veteran's claim for service connection for PTSD was denied. The Board found no evidence of a current diagnosis of PTSD and thus, the first requirement for service connection was not met. For his lumbar spine disability, the Veteran received an initial rating of 40 percent prior to March 12, 2018, under the old criteria, which is now rated as 20 percent disabling under the new General Formula for Diseases and Injuries of the Spine (DC 5243). The Veteran's claim for increased ratings for lower extremity radiculopathy and residuals of a fracture of the right tibia and fibula were denied.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has determined that he is unemployable due to his service-connected conditions.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy were denied increased ratings. The lumbar spine disability was rated at 40 percent, left lower extremity radiculopathy at 10 percent, and right lower extremity radiculopathy involving the femoral nerve and sciatic nerve separately at 10 percent.

The Board has remanded the claims for an initial rating in excess of 10 percent for a lower back disability, and for ratings prior to June 24, 2014 for right and left lower extremity radiculopathy. The Veteran should be provided with VA examinations to assess his current lower back disability severity.

The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, but does not meet the criteria for a higher rating.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, but does not meet the criteria for a higher rating.

The Veteran's lumbar spine disability was reduced from 40 percent to 10 percent effective October 1, 2009. The Board found the reduction improper and restored the 40 percent rating. The Veteran is also entitled to a 10 percent rating for his left lower extremity radiculopathy prior to August 16, 2013.

The Veteran's disabilities, including low back disability, lateral collateral ligament strain of the left knee, erectile dysfunction, left lower extremity radiculopathy, and psychiatric disability, are being remanded for further evaluation due to a lack of recent VA treatment records and possible private care.

The Veteran's migraine headaches are rated at 30 percent prior to June 11, 2015. The Veteran's left hip sciatica is currently rated at 40 percent and the Board has restored the previous 40 percent rating.

The Veteran's initial claim for a higher rating for degenerative disc disease of the lumbar spine was denied. However, he received separate ratings for right and left lower extremity radiculopathy from July 30, 2010 onwards. The Veteran also received a TDIU grant due to his service-connected conditions precluding him from securing or following a substantially gainful occupation.

The Veteran's left and right lower extremity radiculopathy have been rated at 10 percent since February 4, 2011. The Board found that the symptoms did not warrant a higher rating based on the severity of the pain or impact on work and walking.