Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine degenerative disk disease and degenerative joint disease with intervertebral disk syndrome are currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's right lower extremity sciatica is currently rated at 20 percent. The Board found that it does not meet the criteria for a higher rating based on moderate incomplete paralysis.

The Veteran's claims for service connection for right hip condition, testis atrophy complete, right lower extremity radiculopathy, left lower extremity radiculopathy, degenerative arthritis of the spine, and bilateral hearing loss have been dismissed as the Veteran withdrew his appeals.

The Veteran's service connection claims for herniated disc, lumbar spine and thoracic spine degenerative arthritis, bilateral lower extremity radiculopathy, left shoulder degenerative arthritis and rotator cuff tear, bilateral ankle disability, and left flatfoot (pes planus) have all been granted. The initial ratings are 10% for rib pain status post fracture, with no higher.

The Board denied service connection for thoracolumbar degenerative joint disease and radiculopathy, right lower extremity due to the lack of evidence showing a direct relationship between these conditions and active military service.

The Veteran's appeals for various disability ratings have been dismissed due to the withdrawal of the appeals by the Veteran through his representative.

The Veteran's appeal was denied because his Notice of Disagreement (NOD) was not filed within the one-year time period after receiving the October 2015 rating decision.

The Veteran's lumbar spine disability was granted a 40% rating effective July 22, 2014.,Left lower extremity radiculopathy prior to March 2, 2019 is not entitled to a separate compensable rating.,Right lower extremity radiculopathy is not entitled to a separate compensable rating.,Left lower extremity radiculopathy from March 2, 2019 is denied an increased rating greater than 10%.

The Veteran's lumbar spine, cervical spine, radiculopathy of the lower extremities, and bilateral ankle disabilities are all granted service connection.,Service connection is also granted for the Veteran's right wrist disability, bilateral hearing loss, tinnitus, and major depressive disorder.

The Board has remanded several issues related to the Veteran's service connection claims, including left ankle disorder, cervical spine disorder, lumbar spine disorder, headaches, and radiculopathy of upper and lower extremities. The Veteran was not provided with a VA examination for these conditions and additional evidence is needed.

The Board denied service connection for osteoarthritis of the bilateral hands and other joints, finding no evidence that these conditions were incurred in or related to active service. The TDIU claim was granted as the appellant's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the case due to incomplete records and a need for an addendum opinion regarding the relationship between the Veteran's low back disability and service.

The Veteran's service-connected degenerative arthritis of the lumbar spine and associated lower extremity radiculopathy are rated at 20% effective June 5, 2017. A separate 20% rating is granted for each lower extremity radiculopathy condition as of November 13, 2017. Effective April 14, 2014, the Veteran's TDIU claim is granted.

The Board has granted the reopening of the claim for service connection for lumbar spine disability. The claims for left ankle, left knee, recurrent chest pain, bilateral shoulder, neck, and bilateral hip disabilities are denied as there is no evidence showing a current disability or that any such disabilities are related to service. Service connection for allergic rhinitis, sinus bradycardia, stomach disability, facial cellulitis, scalp dermatitis, headache, and bilateral upper extremity radiculopathy is also denied.

The Veteran's appeals for increased ratings for right and left lower extremity radiculopathy, as well as a lumbar spine disability, have been dismissed due to withdrawal of the appeals.,Prior to May 29, 2013, the Veteran’s lumbar spine disability was rated at 20 percent.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to incomplete records and potential interrelated issues.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, updated medical records, and opinions regarding the nature and etiology of his claimed conditions.

The Veteran's claims for earlier effective dates for service connection of bilateral lower extremity radiculopathy, right lower extremity radiculopathy, major depressive disorder, migraine headaches, and lumbar strain with IVDS have been denied.,An effective date of February 16, 2017 has been granted for the increased evaluations of major depressive disorder (to 70 percent), migraine headaches (50 percent), and lumbar strain with IVDS (40 percent).

The Veteran is granted annual VA clothing allowances for the years 2016 and 2018 due to her use of left knee braces, which cause wear and tear on her pants. The decision also grants a clothing allowance for the year 2016 due to her use of a low back brace.

The Veteran's claims for service connection for erectile dysfunction, as well as his ratings for cervical strain with intervertebral disc syndrome, left tibia stress fracture with shin splints, and right tibia fracture with shin splints are being remanded due to the need for additional medical opinions.

The Veteran's lumbar spine spondylolisthesis, status post laminectomy and fusion with residual scar is currently rated at 10 percent. The Board found that the evidence did not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity has been rated at 10 percent since July 14, 2016. The Board found no basis to grant a higher rating under Diagnostic Code 8620.