Radiculopathy & sciatica decisions — 2019

The Board denied the Veteran's claims for service connection for a back disability, left leg radiculopathy, right leg radiculopathy, and an acquired psychiatric disorder (PTSD), finding no evidence of in-service injury or disease related to these conditions. The Board also found that any current symptoms are not linked to service.

The Veteran's service-connected low back strain and radiculopathy of the lower bilateral extremities have rendered her unable to secure and follow a substantially gainful occupation since July 1, 2011.

The Veteran's service-connected disabilities (bilateral femoral and sciatic radiculopathy) make it difficult for him to secure and follow a substantially gainful occupation, as he has already been awarded a combined disability rating of 80 percent. The Board finds that additional evidence is needed from the Social Security Administration regarding his claim for disability benefits.

The Veteran's spondylolysis L5 with grade 1 spondylolisthesis S1 was rated at 20 percent for the period before September 10, 2018 and denied a higher rating.,For the period beginning September 10, 2018, the Veteran's spondylolysis L5 with grade 1 spondylolisthesis S1 was rated at 40 percent and denied a higher rating.,The Veteran's left lower extremity radiculopathy secondary to spondylolysis L5 with grade 1 spondylolisthesis S1 was rated at 10 percent and denied a higher rating.

The Board has remanded the Veteran's claims for increased ratings and SMC based on need for aid and attendance due to incomplete information in the VA examination reports, including lack of specific severity assessments for radiculopathy. The Veteran is also required to provide a completed VA Form 21-2680.

The Veteran's appeals for increased ratings for lumbar degenerative arthritis and right radiculopathy have been dismissed due to their death.

The Veteran is granted a 40 percent rating for lumbar degenerative disc disease with spondylosis prior to February 25, 2013. The Veteran's right lower extremity radiculopathy was rated as non-compensable prior to November 20, 2017 and is now granted a 20 percent rating from that date.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spondylosis with degenerative disc disease and radiculopathy of the bilateral lower extremities due to new evidence indicating that his conditions may have worsened.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine condition with intervertebral disc syndrome, an initial separate rating in excess of 20 percent for radiculopathy of the right lower extremity, and an initial rating in excess of 10 percent for his right knee condition with arthritis. Additionally, a TDIU claim is also remanded.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the Veteran did not meet the criteria for a higher rating or earlier effective date for his service-connected peripheral neuropathy of the lower extremities.

The Veteran's appeal for higher SMC rates based on loss of use of her lower extremities is remanded due to conflicting evidence regarding her ability to use her feet and lower extremities. The AOJ should obtain updated VA treatment records and schedule a VA examination to assess the extent of her service-connected back disability with associated radiculopathy.

The Board has determined that additional development is necessary prior to final adjudication of the Veteran's claims, including obtaining VA medical records and providing a VA examination for his liver disorder.,The Veteran’s service-connected type II diabetes mellitus may be aggravated by his liver disorder. The examiner should provide an opinion on whether this aggravation is at least as likely as not caused or aggravated by his diabetes.

The Board has determined that the Veteran's claims for increased ratings for his service-connected multilevel lumbosacral degenerative spine disease and right lower extremity radiculopathy must be remanded due to the need for additional examinations to assess the severity of these conditions.

The Veteran's back disorder and lower extremity radiculopathy are alleged to have been aggravated by a series of epidural injections starting in April 2016. The claim is being remanded for further review.

The Veteran's lumbar spine and sciatic nerve disabilities are being remanded for further examination to determine their current severity, as the last VA examination was in August 2015. The TDIU claim is also being remanded due to its inextricably intertwined nature with the other issues.

The Veteran's claims for service connection have been granted, but the effective dates are denied. The Veteran is not entitled to increased ratings or earlier effective dates for his disabilities.

The Veteran's claims for left knee, right knee, and back disabilities have been dismissed. The Board found that the Veteran withdrew his claims prior to a decision being made. The issues of service connection for left leg radiculopathy and right leg radiculopathy are remanded.

The Board has remanded the Veteran's claims for service connection for right and left lower extremity radiculopathy due to insufficient evidence regarding the existence of these conditions. The Veteran is also denied a temporary total disability rating following his September 2012 left knee surgery.

The Veteran's low back condition, left and right lower extremity radiculopathies are granted service connection. A 10% rating is assigned for multiple noncompensable disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his TDIU claim.