Radiculopathy & sciatica decisions — 2019

The Veteran's left lower extremity radiculopathy is productive of moderate impairment and has been granted an initial 20 percent evaluation.

The Board has decided that the Veteran's lumbar degenerative disc disease and associated radiculopathy require further examination to determine their current severity, as well as his total disability rating based on individual unemployability due to service-connected disabilities. The issues are being remanded for these purposes.

The Veteran's LLE and RLE radiculopathy have been granted a 20 percent rating effective June 18, 2013. The issues of higher ratings for these conditions are remanded.

The Veteran's service-connected conditions, including major depressive disorder, low back disability, and bilateral lower extremity radiculopathy, have rendered him in need of regular aid and attendance due to his inability to perform daily activities and the hazards associated with his environment.

The Board has determined that the Veteran's claims for increased ratings are remanded due to incomplete medical records and the need for additional examinations.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's current back disabilities are related to his service-connected costochondritis of the right ribs.

The Veteran's radiculopathy of the right lower extremity, previously claimed as sciatica, right leg is granted effective April 1, 2012.

The Board has decided that the current rating for left lower extremity radiculopathy is not appropriate and has ordered a remand to obtain additional medical evidence.

The Veteran's service-connected disabilities alone have not rendered him unable to obtain and maintain substantially gainful employment, thus the claim for a TDIU is denied.

The Veteran's left lower extremity radiculopathy (sciatic, external popliteal, musculocutaneous, anterior tibial, interior popliteal, and posterior tibial nerves) prior to October 4, 2017, is currently rated at 20 percent.,The Veteran's left lower extremity radiculopathy (anterior crural and internal saphenous nerves) prior to October 4, 2017, is currently rated at 20 percent.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. Separate ratings for radiculopathy of the right and left lower extremities were upheld.

The Veteran's service-connected disabilities did not render him unable to obtain or retain substantially gainful employment prior to August 4, 2014.

The Board has remanded several issues related to the Veteran's service connection claims, including right shoulder numbness, left ankle condition, angina (chest pain), inguinal abscess pain, low back strain, fracture of the left ring finger, compression fracture at C5-6, residuals of circumcision and balanitis, and left cervical radiculopathy with degenerative disc disease in the left upper extremity. The remand is due to the need for additional VA treatment records from March 2018 onwards.

The Veteran's service-connected disabilities did not preclude him from obtaining substantially gainful employment, and the Board denied his claim for TDIU.

The Veteran's appeal for an initial compensable disability rating for service-connected erectile dysfunction and entitlement to an effective date earlier than September 1, 2013 for the grant of entitlement to service connection for erectile dysfunction and radiculopathy, left lower extremity has been dismissed.,The Veteran's appeals for initial increased ratings for service-connected lumbar strain and left lower extremity radiculopathy have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to service connection for right and left foot disabilities have been remanded as the preexisting bilateral pes planus noted upon entry into service may have undergone an increase in disability during active duty service. An addendum medical opinion is needed to address this issue.,The Veteran's appeal for initial increased ratings for service-connected lumbar strain has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial compensable disability rating for service-connected radiculopathy, left lower extremity have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for entitlement to a separate rating for exertional compartment syndrome in his right foot has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to service connection for a left foot disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for an initial compensable disability rating for service-connected traumatic brain injury has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial disability rating in excess of 10 percent for service-connected left knee patellofemoral disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial disability rating in excess of 10 percent for service-connected right knee patellofemoral disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for effective date earlier than July 18, 2017 for the increased 50 percent disability rating awarded for service-connected migraine headaches has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.

Service connection for tinnitus is granted. Service connection for right lower extremity radiculopathy is remanded due to lack of a nexus opinion.

The Veteran's claims for service connection for degenerative arthritis of the thoracolumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity were denied effective December 3, 2013.

The Veteran's lumbar spine disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. Continuity of symptomatology is also not established.,There is no evidence that the Veteran has had radiculopathy of the lower left leg at any time during, or approximate to, the pendency of the claim.,The Veteran's cervical spine disability was rated as 10 percent due to forward flexion limited to 30 degrees and combined range of motion not greater than 170 degrees. The examiner noted that repetitive use testing did not show any additional loss of function.

The Board has denied service connection for the Veteran's claimed conditions, including a lumbar spine disability, erectile dysfunction, radiculopathy, hypertensive vascular disease, TURP, low sperm ejaculation, and heart condition. The issues are remanded due to conflicting evidence regarding the onset of diabetes mellitus type II.

The Veteran's claims for service connection and increased ratings were granted, with effective dates ranging from October 31, 2009 to July 13, 2011. The decision also includes a TDIU determination.