Radiculopathy & sciatica decisions — 2019

The Veteran's TDIU claim is being remanded for extraschedular consideration due to the severity of his service-connected disabilities and their impact on his employment.

The Veteran's left lower extremity radiculopathy and related conditions have been rated at 40 percent since June 1, 2009. A total disability rating based on individual unemployability has also been granted from June 1, 2009 to October 20, 2010.

The Board has remanded the claim of service connection for headaches, as they are claimed to be secondary to a service-connected back disability. A new VA examination is needed to determine if the Veteran's headache disability is proximately due to or permanently aggravated by his service-connected IVDS with spinal stenosis, spondylolisthesis, facet arthropathy, and lower extremity radiculopathy.

The Board has determined that additional examinations are needed to assess the current severity of the Veteran's spinal fusion and bilateral lower extremity radiculopathy, as well as a medical opinion regarding the etiology of the Veteran's cardiomyopathy. The appeal is being remanded for these purposes.

The Veteran's claim of service connection for COPD was reopened and granted, effective December 17, 2013.,An earlier effective date for the grant of service connection for left lower extremity radiculopathy is denied.,A TDIU is granted.,The Veteran’s lumbar spine disability remains rated at 20 percent.

The Veteran's claims for service connection have been granted in part. Service connection has been established for left shoulder condition, cervical spine condition (claimed as cervical spondylosis and stenosis), lumbar spinal stenosis, bilateral upper extremity radiculopathy, bilateral lower extremity radiculopathy, peripheral vestibular disorder, dizziness, obstructive sleep apnea, cardiovascular disease, headache condition, left upper extremity carpal tunnel syndrome, right upper extremity carpal tunnel syndrome, and service connection has been reopened for alcoholism and drug abuse. Other claims have been denied.

The Board has decided to remand the case due to missing service treatment records and personnel records, including those related to a 1995 in-service low back injury. The Veteran's current lumbar spine disability is being reviewed.

All neurologic manifestations of the right lower extremity are rated at 40 percent since July 24, 2015. The Veteran is granted a separate disability rating of 10 percent for incomplete paralysis of the anterior crural nerve of the right lower extremity since November 30, 2017.,The neurologic manifestations of the left lower extremity are rated at 40 percent prior to November 30, 2017 and a separate disability rating of 10 percent for incomplete paralysis of the anterior crural nerve of the left lower extremity since November 30, 2017.

The Veteran's claims for increased disability ratings for his lower back condition and bilateral radiculopathy are being remanded due to the need for additional development, including obtaining updated VA treatment records.

The Veteran's lumbosacral strain and radiculopathy of the right lower extremity have been rated, but a higher rating is denied.

The Veteran's PTSD is granted a 50 percent rating prior to October 24, 2012. A total disability rating based on individual unemployability (TDIU) is also granted.

The Board has remanded the claims for anosmia and hypogeusia, migraine headaches, and RLE radiculopathy associated with TBI due to a motor vehicle accident (MVA) in April 2011. The Veteran contends that his alcohol abuse at the time of the MVA was related to underlying psychiatric problems later diagnosed as PTSD.

The Veteran's radiculopathy of the right upper extremity is granted a rating of 40 percent, but not higher, prior to April 10, 2018. A rating in excess of 40 percent for this condition from April 10, 2018 is denied. The Veteran's degenerative arthritis and degenerative joint disease are remanded for further development.

The Veteran's claim for an effective date prior to March 6, 2017 for the grant of service connection for radiculopathy of the right upper extremity is remanded. The claims for a right knee disability and left knee disability are also remanded. A VA examination is needed to determine whether the Veteran has left upper extremity radiculopathy. The claim for TDIU is also remanded.

The Veteran's sciatic radiculopathy of the left lower extremity is rated at 40 percent, effective from April 1, 2009. The Board also granted a TDIU as of March 10, 2015.

The Board denied service connection for hernia, bilateral shoulder disability, back disability, hypertension, and radiculopathy of the bilateral lower extremities as there is no current evidence of these conditions during active service or within one year after separation. The Veteran's symptoms were resolved prior to separation.

The Board has determined that additional development is necessary and the case is being remanded to review outstanding SSA records and any related evidence.

The Veteran's entitlement to a higher evaluation for impairment of the right thigh is granted, while his claims for limitation of extension and flexion are denied. His claim for right leg sciatica remains at its current 10% rating.

The Veteran's lumbosacral strain with degenerative joint/disc disease was denied an increased evaluation in excess of 20 percent prior to November 11, 2015.,The Veteran's lumbosacral strain with degenerative joint/disc disease was granted a 50 percent rating effective from November 11, 2015.,The Veteran's radiculopathy of the right lower extremity was denied an increased evaluation in excess of 10 percent from July 18, 2018.,The Veteran's radiculopathy of the left lower extremity was denied an increased evaluation in excess of 10 percent from July 18, 2018.

The Board has remanded the Veteran's claims for increased ratings for cervical spine and right lower extremity radiculopathy due to incomplete development.