Radiculopathy & sciatica decisions — 2019

The Veteran's claim for a higher rating for his lumbar spine disability and radiculopathy of the lower extremities was denied. A separate compensable rating for left lower extremity radiculopathy prior to September 19, 2017, and a higher rating for right lower extremity radiculopathy from July 31, 2019 onwards were granted.

The Board has decided to remand the Veteran's claims for service connection for a low back disorder and sciatic nerve disorder due to additional development being needed.

The Board has denied the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy. The case is remanded to address a claim of entitlement to TDIU.

The Veteran's claims for higher ratings for lumbar spine degenerative disc disease, left and right lower extremity radiculopathy, and coccygeal fracture residuals were denied. The rating for the lumbar spine condition remains at 10 percent.

The Veteran's claims for earlier effective dates for service connection of TBI, lumbar spine disability, radiculopathy of the right lower extremity, and PTSD are denied.,The Veteran's claims for increased ratings for TBI and PTSD are remanded for further development including VA examinations.,The Veteran's claim for an earlier effective date for service connection of migraines associated with a TBI is also remanded.

The Veteran's claim for a disability rating of 20 percent, but not higher, for lumbar spine spondylosis with degenerative disc disease prior to November 10, 2015 is granted.,The Veteran's claim for a disability rating in excess of 20 percent from November 10, 2015 is denied.,The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities are also part of this appeal.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied as his disability did not meet the criteria for a higher rating.,The Veteran's claim for a higher rating for right lower extremity radiculopathy was denied as his disability did not meet the criteria for a higher rating.,The Veteran's claim for an initial rating in excess of 10 percent for left lower extremity radiculopathy was denied as his disability did not meet the criteria for a higher rating.

The Veteran's lumbosacral strain with DDD was rated at 40% effective May 10, 2017. The increased rating for sciatica of the LLE and RLE from November 3, 2014 onwards is denied.,The Veteran’s claim for an increased rating in excess of 20 percent prior to May 10, 2017 was denied as his forward flexion did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for increased ratings for his DDD of the cervical spine and left upper extremity radiculopathy due to incomplete information regarding the frequency, duration, and severity of flare-ups. The VA will obtain any outstanding records and schedule the Veteran for additional examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to incomplete records and the need for new examinations.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further development.,An earlier effective date is denied for all granted conditions.

The Veteran's combined rating for service-connected disabilities was denied as the claim is not warranted under VA regulations.

The Board has granted service connection for the Veteran's back disability, finding that it had its onset during service and is related to his in-service trauma.

The Board has remanded the claims for service connection and TDIU due to insufficient medical opinions regarding the relationship between the Veteran's low back disability and his left ankle disability, as well as a need for further examination.

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

The Board has decided to remand the case due to inadequate examination and opinion regarding the Veteran's need for aid and attendance and housebound status, related to his service-connected disabilities.

The Veteran's claim for a higher rating for cervical spine degeneration and associated radiculopathy was denied, as the evidence did not show limitation of motion or ankylosis that would warrant a higher rating. The claim for TDIU based on service-connected disabilities was also denied due to the presence of other service-connected conditions.

The Veteran seeks an earlier effective date for the grant of a 20 percent initial rating for degenerative disc disease of the lumbar spine, but the Board finds that no such effective date is warranted.,The Veteran also seeks an earlier effective date for service connection for left lower extremity and right lower extremity femoral nerve radiculopathy. The Board finds that no such effective date is warranted.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed as the issues were not properly raised in his notices of disagreement.

The Board denied requests for earlier effective dates for service connection of radiculopathy in the left and right lower extremities, as these disabilities arose from a July 22, 2016 VA examination that resulted in separate ratings.