Radiculopathy & sciatica decisions — 2019

The Veteran's claim for a higher rating for his back disability is denied as the evidence does not show that he meets or approximates the criteria for a rating in excess of 10 percent prior to October 13, 2009 and 40 percent from October 13, 2009 forward.,The Veteran's claim for an earlier effective date for his right lower extremity radiculopathy is denied as the evidence does not show that he meets or approximates the criteria for a separate compensable rating prior to October 13, 2009.

The Board has found that remand is necessary due to the failure of the RO to include certain issues in the supplemental statement of the case, specifically regarding the initial ratings for radiculopathy of the right lower extremity involving the femoral and sciatic nerves. The Veteran's claims are now on appeal as a result.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and thus grants his claim for TDIU.

The Board has granted service connection for lumbosacral intervertebral disc syndrome and associated left lower extremity radiculopathy, finding that the evidence is at least in equipoise as to whether these conditions are related to service.

The Board has granted service connection for the Veteran's lower back strain, but remanded his claims for bilateral ankle condition and radiculopathy of the bilateral lower extremities due to insufficient evidence.

The Veteran's claims for sleep apnea, right knee disability, asthma, and left lower extremity radiculopathy were not granted. The claim for a rating in excess of 40 percent for lumbar spine disability was denied. The claim for an effective date prior to April 13, 2015, for PTSD rating increase was remanded.

The Board denied service connection for a cervical spine disability and radiculopathy of the right upper extremity, finding that there was no evidence to support these conditions were incurred or aggravated by service.

The Board dismissed the appeals for higher ratings for radiculopathy, a rating in excess of 60 percent for low back disability, an extraschedular rating for low back disability, and earlier effective date for the assignment of a higher rating for low back disability.

The Veteran's right upper extremity radiculopathy is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 8510.,The Veteran's lumbar strain is currently rated at 10 percent. The evidence does not support a higher rating as his disability has never resulted in forward flexion of the thoracolumbar spine limited to between 30 and 60 degrees, or combined range of motion not greater than 120 degrees.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and a rating in excess of 20 percent for Type II diabetes mellitus. The issues include psychiatric disability (PTSD), lumbar spine disability, left lower extremity neurological disability, right knee disability, left knee disability, right calf disability, left calf disability, hypertension, erectile dysfunction, and bilateral hearing loss.

The Veteran's right lower extremity radiculopathy was restored to a 20% rating effective March 1, 2016. The compensable rating for residuals of rheumatic fever with migratory arthritis is denied. A 60% rating for the left knee disability is granted prior to July 17, 2013. The Veteran's dermatophytosis of the bilateral feet and right hip is rated at 10%. The Veteran's lumbar spine spondylolisthesis and bilateral lower extremity radiculopathy are remanded for further evaluation.

The Veteran's appeals for initial ratings in excess of 10 percent for radiculopathy of the right and left lower extremities have been dismissed as the Veteran requested a withdrawal of these claims prior to their decision.

The Veteran's claim for a higher rating for his lumbar spine condition was denied, but he received a grant of a 40 percent initial disability rating for left lower extremity radiculopathy starting from April 30, 2018. The right lower extremity radiculopathy and surgical scars of the spine claims were denied.

The Board has dismissed all issues related to service connection and rating for the Veteran's conditions due to their death.

The Board has remanded the case due to insufficient development of evidence, particularly regarding neurological manifestations such as radiculopathy and headaches associated with the Veteran's service-connected cervical spine disorder.

The Veteran's claims for service connection are remanded due to incomplete service treatment records and the need for further medical opinion regarding his exposure to hazardous waste chemicals.

The Veteran's claim for TDIU is granted due to his service-connected disabilities. The cervical spine issue and the lumbar spine rating in excess of 40 percent are remanded.

The Veteran's claim for an effective date prior to August 5, 2015, for right lower extremity radiculopathy has been denied. The Board also found that a remand is required for the claims of service connection for hip disability and increased rating for right lower extremity radiculopathy.

The Board has remanded several issues related to the Veteran's back, neck, and extremity disabilities. The claims for fibromyalgia, cervical strain, spondylolisthesis of the lumbar spine with scoliosis, radiculopathy of the lower extremities, shoulder disabilities, and hip disabilities are all being reviewed due to incomplete medical records from her service at Grand Forks Air Force Base in North Dakota. The Veteran's claims for increased ratings for cervical strain and spondylolisthesis of the lumbar spine with scoliosis also require further examination as per Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's right lower extremity radiculopathy was granted a rating of 60 percent prior to October 3, 2011 and 40 percent thereafter. The left lower extremity radiculopathy was granted a rating of 40 percent throughout the appeal period.