Radiculopathy & sciatica decisions — 2019

The Veteran's back disability is rated at 40 percent, and his right and left lower extremity sciatica are each rated at 20 percent. The Veteran also received a TDIU rating.

The Veteran's claims for service connection have been reopened, and his bilateral hearing loss has been granted. Service connection is denied for low back disability, cervical radiculopathy of the left upper extremity, cervical radiculopathy of the right upper extremity, and right knee retropatellar syndrome.

The Veteran's claims for increased ratings for cervical spine DJD and DDD, lumbosacral strain with DJD and DDD, left ankle sprain with ruptured Achilles tendon, allergic rhinitis, right lower extremity varicose veins, left lower extremity varicose veins, left upper extremity radiculopathy (likely Cervical Spine), right upper extremity radiculopathy (likely Cervical Spine), and left lower extremity radiculopathy (likely Cervical Spine) have all been denied. The Veteran's PTSD claim has also been denied.

The Veteran's service-connected disabilities have prevented him from securing or maintaining substantially gainful employment throughout the period on appeal.

The Board has vacated its September 25, 2018 decision and remanded the issues of service connection for emphysema, cervical spine radiculopathy, gastrointestinal disability (GERD), and skin disability.

The Veteran's back condition with radiculopathy, left lower extremity is related to her in-service injury and has been granted service connection.

The Board denied the Veteran's claim for an effective date earlier than January 6, 2014 for the award of increased ratings for service-connected lumbar spine, left lower extremity sciatic radiculopathy, right knee, and left lower extremity varicose vein disabilities. The evidence showed a factually ascertainable increase in severity on or before January 6, 2014, but no earlier effective date was granted as there was no medical evidence of increased severity within the year prior to the claim.

The Veteran's appeals for increased ratings and TDIU were denied. The rating for low back strain, radiculopathy (right lower extremity), PTSD, and somatic symptom pain disorder remain at 40%, 10%, 70%, and 70% respectively. A total disability rating based on individual unemployability was granted from September 18, 2018.

The Veteran's lumbosacral strain and radiculopathy of the right lower extremity (sciatic nerve) have been granted increased ratings, with the lumbosacral strain rated at 40% effective October 28, 2014, and the radiculopathy rated at 20% effective May 16, 2018.

The Board has granted service connection for the Veteran's low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his in-service injury. The effective date is not specified.

The claim for service connection of a right ankle disorder is reopened. The claims for service connection of a back disorder and left leg radiculopathy are remanded.

The Board has found that the Veteran's low back disability does not warrant a rating in excess of 10 percent. The remaining issues on appeal, including increased ratings for left and right lower extremity radiculopathy, require additional development to determine the current severity of the Veteran's symptoms.

The Veteran's claim for a higher rating for PTSD was denied, and his TDIU claim was also denied as his service-connected disabilities do not render him unemployable.

The Board found that termination of TDIU from December 1, 2017 was not proper due to the Veteran's employer providing special accommodations for his service-connected disabilities. The earlier effective date claim for June 1, 2015 is also remanded.

The Veteran's lumbar and bilateral lower extremity radiculopathy have been rated at 10 percent, but the Board has determined that further development is needed to determine if higher ratings are warranted.

An increased rating of 60 percent for intervertebral disc syndrome (IVDS) is granted from September 28, 1999 to September 22, 2009.,From September 23, 2009, an initial increased rating of 40 percent for the Veteran’s low back disability is granted. The rating remains at 40 percent after February 1, 2013.,An initial increased rating of 40 percent for left lower extremity radiculopathy (sciatic nerve neuropathy) is granted from September 23, 2009.,An initial increased rating of 40 percent for right lower extremity radiculopathy (sciatic nerve neuropathy) is granted from September 23, 2009.,Prior to February 12, 2008, the Veteran’s left knee disability was rated at 20 percent under DC 5258 for dislocated semilunar cartilage. From February 12, 2008, an increased rating of 10 percent is granted under DC 5259 for symptomatic meniscus removal residuals.,From September 28, 1999 to present, the Veteran’s left knee instability is rated at 20 percent under DC 5257.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and degenerative disc disease (DDD) of the lumbar spine are being remanded due to additional evidence received since the last Supplemental Statement of the Case.

The Veteran's appeal for increased disability rating for right lower extremity radiculopathy and service connection for lumbar strain with degenerative arthritis and TDIU was dismissed. The Board found that the evidence did not support an increase in disability rating prior to May 31, 2016 or after.

The Veteran's right knee arthritis and instability, low back strain with sciatic nerve involvement, radiculopathy of the lower extremities, and status post removal of scalp tumor are all granted. The rating for low back strain is increased to 40 percent.

The Board has determined that further development is needed for all issues as the remand directives in the August 2018 have not been complied with. The Veteran's claims are being returned to the AOJ for additional development.