Radiculopathy & sciatica decisions — 2019

The Board granted payment or reimbursement of medical expenses incurred on December 5, 2017, at Marshfield Clinic for the Veteran's sciatica condition. The decision found that the delay in seeking immediate medical attention was hazardous to life or health and that a VA facility was not feasibly available.

The Veteran's claim for hypertension was reopened, and he is now rated at 30 percent for CTS of the right wrist. He also received increased ratings for PN of the LLE and RLE sciatic nerves.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not show that his lumbar spine disability or radiculopathy of the left lower extremity warranted higher ratings, nor was there sufficient evidence to establish unemployability due to service-connected disabilities.

The Veteran's claim for service connection for a back disability, including sciatica and low back pain, has been reopened due to the submission of new evidence. The Board has determined that the Veteran had continuous symptoms since service and finds that service connection is warranted.

The Veteran's lumbar spine DDD and associated right lower extremity radiculopathy are currently rated at 40 percent, but the Board finds that a higher rating is not warranted prior to April 12, 2011.,The Veteran's right elbow condition with limitation of flexion is currently rated at 10 percent. The Board finds no basis for a higher rating.

The Veteran's back disability is rated at 40 percent effective March 26, 2009.,The Veteran's left lower extremity radiculopathy is rated at 20 percent effective March 26, 2009.,The Veteran's right lower extremity radiculopathy is rated at 20 percent effective March 26, 2009.,The Veteran is granted TDIU effective March 26, 2009.

The Veteran's thoracolumbar spine DDD with subjective IVDS is rated at 40 percent, and his left femoral nerve radiculopathy is each rated at 20 percent. His overall rating is 60 percent for the appeal period.,His TDIU claim is denied as he meets the schedular criteria but does not have sufficient additional service-connected disability to bring the combined rating to 70 percent or more.

The Board has granted service connection for bilateral ankle disabilities, right knee disability, shin splints of the lower extremities, and low back disability. The Veteran's claims for bilateral hearing loss and tinnitus were also granted as new and relevant evidence was submitted.

The Veteran's claims of increased disability ratings for degenerative disc disease of the lumbar spine and left upper extremity radiculopathy, as well as his request for an effective date prior to January 9, 2017 for service connection of left upper extremity radiculopathy, are all remanded due to procedural or factual issues.

The Veteran's left upper extremity median nerve neuropathy and carpal tunnel syndrome are rated at 10 percent, but the Board finds that they more closely approximate a 20 percent rating for moderate incomplete paralysis. The TDIU claim is referred to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has ordered the remand of several issues including neurological disorders, psychiatric disorder, and headaches.

The Veteran's claims for service connection for right upper extremity radiculopathy and left upper extremity radiculopathy have been denied. The Veteran's claim for a 30% disability rating for impingement syndrome in the right shoulder due to acromioclavicular joint disease has been granted. Her claim for a rating in excess of 10 percent for right ankle strain remains pending and will be remanded. Her claims for service connection for lumbosacral strain myositis and left lower extremity radiculopathy are also pending and will be remanded.

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

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of her claimed conditions. The Veteran is required to undergo VA examinations to determine if her current conditions are related to her military service.

The Board has decided that the Veteran's claims for TMJ, lumbar spine disability, sciatica of the right leg, sciatica of the left leg, and OSA should be remanded due to incomplete service treatment records and need for further medical examination.

The Board denied service connection for radiculopathy of the left upper extremity as there is no current diagnosis and no evidence of a disease or injury in service.

The Veteran's right carpal tunnel syndrome is granted as service-connected.,A disability rating of 30 percent, but no higher, for left upper extremity median nerve syndrome is granted. The Veteran’s cervical spine condition remains at a 20 percent rating.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of her thoracolumbar spine intervertebral disc syndrome with degenerative disc disease and right lower extremity radiculopathy.

The Board has determined that there is at least a 50% chance the Veteran's lumbar spine condition began during service or was caused by an in-service injury, and thus grants service connection for this condition.

The Veteran's radiculopathy of the right and left lower extremities is denied as there is no current diagnosis or evidence of such conditions.,The Veteran does not have a current diagnosis of left lower extremity radiculopathy, only right lower extremity radiculopathy.