Radiculopathy & sciatica decisions — 2018

The Veteran's claim for a separate rating of 20 percent for radiculopathy of the right lower extremity is granted. The claim for an increased rating in excess of 20 percent for low back disability, and claims for initial ratings in excess of 10 percent for painful residual scars and nonpainful residual scars are denied. The Veteran's claim for a separate rating of 40 percent for radiculopathy of the left lower extremity is granted. The claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity is denied. The Veteran's claim for an initial rating in excess of 70 percent for psychiatric disorder is granted.

The Veteran's claims for increased ratings and service connection have been remanded due to insufficient evidence. The initial rating for thoracolumbar spine strain with degenerative joint disease remains denied, as does the compensable rating for right shin splints. Service connection for left shin splints is also remanded.

The Veteran's degenerative joint disease of the lumbar spine and bilateral lower extremity sciatica are linked to his active service, with the private medical opinion suggesting that his service-connected knee disabilities caused or aggravated these conditions.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the Veteran's service-connected low back disorder and right lower extremity radiculopathy.

The Board has remanded the cases for further development and evaluation, including obtaining additional medical records and scheduling a VA examination to assess the Veteran's low back disability. The TDIU issue is also being referred to the Director of Compensation Service.

The Veteran's chronic fatigue syndrome is granted a rating of 60 percent. Service connection for right arm radiculopathy and left lower extremity neurological disorder are granted on a secondary basis.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of communication from the Veteran prior to September 25, 2013.

The Veteran's service-connected lumbar spine disability has been rated as degenerative arthritis, with associated radiculopathy and erectile dysfunction. The appeal is granted for increased ratings.

The Veteran's appeal is being remanded for additional development, including obtaining new VA examination reports and consideration of the newly added medical records.

The Veteran's claims for increased ratings for his lumbar spine disability, right leg radiculopathy, and left leg radiculopathy have been denied as the evidence does not support a rating in excess of 20 percent.

The Board has remanded the Veteran's claims for service connection and rating determinations related to his lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, headaches, and TDIU. The Veteran is also requested to provide updated VA treatment records and employment information.

The Board has remanded the Veteran's claims for increased ratings for left and right lower leg radiculopathy, as well as his claim for TDIU. The remand includes obtaining updated VA or private treatment records, scheduling a VA examination by a neurologist or physiatrist to assess the severity of the service-connected conditions, and asking the Veteran to complete a TDIU application.

The Board has remanded the Veteran's claims for lumbosacral strain, left and right lower extremity radiculopathy due to a lack of recent VA examinations assessing the current severity of his service-connected conditions.

The Veteran's TDIU claim is remanded due to the need for a VA examination to assess the current severity of his service-connected musculoskeletal disabilities and their impact on employment.

The Veteran's TDIU claim is being remanded due to the need for a combined effects medical opinion regarding his service-connected disabilities prior to July 23, 2014.

The Veteran's left knee degenerative arthritis is productive of painful motion limited to, at worst, 95 degrees of flexion and subjective mild instability symptoms. The Board finds a separate rating of 10 percent for instability is warranted.,The Veteran’s degenerative changes of the lower back with new onset facet fracture are productive of forward flexion of the thoracolumbar spine of 30 degrees or less, warranting an initial rating of 40 percent. The Board finds no higher rating is warranted.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 40 percent for degenerative disc disease of the lumbar spine, initial ratings in excess of 10 percent for radiculopathy of the right and left lower extremities, and service connection for a right knee disability.

The Veteran's service-connected disabilities have not been shown to be of such severity so as to preclude substantially gainful employment, and his claim for TDIU is denied.

The Veteran's low back disability and right leg neurological disability are both rated at 40 percent, granting the requested increased ratings. The TDIU claim based on service-connected disabilities other than bipolar disorder is denied.

The Veteran's claims for increased ratings for intervertebral disc syndrome of the lumbosacral spine and radiculopathy of the left lower extremity are being remanded due to the need for additional examinations to assess the current severity of his service-connected conditions.