Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disorder is currently rated at 20 percent, which is the maximum schedular rating for a lumbosacral spine disability. The Board denied an increased rating as there was no evidence of incapacitating episodes or additional loss of function due to pain.,The Veteran's left lower extremity radiculopathy is currently rated at 10 percent, which is the minimum schedular rating for mild incomplete paralysis of the sciatic nerve. The Board denied an increased rating based on the examiner's characterization of the condition as mild and lack of more severe symptoms.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, which is the minimum schedular rating for mild incomplete paralysis of the sciatic nerve. The Board denied an increased rating based on the examiner's characterization of the condition as mild and lack of more severe symptoms.

The Board has remanded the Veteran's claims due to inadequate reasons and bases for denying higher disability ratings, particularly regarding his cervical spine disability and left upper extremity radiculopathy. The case is now pending further development.

The Veteran's lumbar radiculopathy of the left lower extremity is rated at 60 percent effective September 17, 2010. The issue of right lower extremity radiculopathy is under the Board’s jurisdiction as part and parcel with the evaluation of the spine.

The Board has restored service connection for degenerative arthritis of the lumbar spine with related bilateral lower extremity radiculopathy, left and right, as it is not clear that the original decision was clearly erroneous.

The Veteran's claim for service connection for her lumbar spine, cervical spine, right upper extremity radiculopathy (major), and left upper extremity radiculopathy is remanded due to insufficient medical opinions regarding the nature of her back conditions.

The Veteran's abdominal aortic aneurysm is rated at 60 percent, effective April 25, 2019. The claim for TDIU is granted.

The Veteran's service-connected disabilities, including unspecified depressive disorder and musculoskeletal conditions, are alleged to have caused his obesity and subsequently led to obstructive sleep apnea (OSA). The Board has determined that a remand is necessary to obtain an opinion on whether the Veteran's OSA was caused or aggravated by his service-connected disabilities.

The Veteran's service-connected disabilities do not render him unemployable, as he has a master’s degree in educational administration and work experience as an Army instructor/teacher. The Board finds that the evidence is insufficient to show his physical impairments prevent him from performing sedentary work.

The Board has remanded the claims for service connection due to insufficient attempts to obtain private medical records, particularly those from a chiropractor.

The Veteran is seeking annual VA clothing allowances for low back and right knee braces due to service-connected disabilities. The Board has granted the low back brace allowance but remanded the right knee brace issue due to insufficient evidence.

The Board has remanded the Veteran's claim for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities due to further development being required.,The Veteran’s claims of entitlement to service connection for a neck/cervical spine disability have been remanded by the Board.

The Board has remanded the cases for a new VA examination to assess the current severity of the Veteran's service-connected lumbar spine strain and right lower extremity radiculopathy, as well as his TDIU claim.

The Veteran's claim for left upper extremity radiculopathy was denied as he does not have a current diagnosis of this condition.,A 10 percent disability rating is granted for bilateral plantar fasciitis, with pain on manipulation and use of the feet.

The Veteran's appeals for increased ratings for right and left lower extremity radiculopathy were denied. The initial rating of 10 percent for the right lower extremity radiculopathy was maintained prior to September 27, 2018, and a higher rating of 20 percent effective from that date was granted. For the left lower extremity radiculopathy, an initial 10 percent rating has been in effect throughout the appeal period.

The Board has granted service connection for a low back disability and radiculopathy of the sciatic nerve of the bilateral lower extremities, finding that these conditions are related to the Veteran's active duty service.

The Veteran's claims for effective dates prior to November 30, 2015 for service connection for depression and radiculopathy of the lower extremities have been denied as these claims were not filed before that date.,The Veteran's claims for effective dates prior to November 30, 2015 for service connection for radiculopathy of the left and right lower extremities have also been denied. The Board notes there was no objective medical evidence of radiculopathy or other neurological disorder of the lower extremities prior to this date.

The Veteran's thoracolumbar degenerative joint and disc disease is granted a 40% evaluation, effective February 2, 2010. The left lower extremity radiculopathy associated with the back condition remains at a 20% evaluation.

The Veteran's service-connected disabilities have been rated at 90 percent disabling since September 23, 2012. The Board has granted restoration of disability ratings for migraines, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity, as well as TDIU from September 23, 2012 to September 22, 2013.

The Veteran's claims for earlier effective dates are being remanded due to the need for additional development.,The Veteran's claims for increased ratings and service connection are also being remanded.

The Veteran's hypertension, cervical spine and lumbar spine disabilities, as well as their associated radiculopathy, are remanded due to the need for updated medical records and a new VA examination.