Radiculopathy & sciatica decisions — 2019

The Veteran's claims for service connection for cervical spine disability and radiculopathy of the upper extremities were denied, as no earlier effective date can be assigned due to the finality of a previous denial.

The Veteran's service-connected right and left upper extremity cervical radiculopathies are now rated at the maximum allowable under VA regulations.,No earlier effective dates were granted for any of the issues on appeal.

The Board has restored the Veteran's disability ratings for cervical spine DJD, sciatic nerve radiculopathy, anterior crural nerve radiculopathy, and major depressive disorder to their prior levels from December 23, 2015.

The Veteran's claims for increased ratings for his right and left knee degenerative joint disease have been denied as the evidence does not show that either condition warrants a rating in excess of 10 percent.,The Veteran's claim for service connection for left great toe numbness has been remanded due to insufficient evidence.

The Board denied service connection for a low back disability, right leg radiculopathy, left leg radiculopathy, and chronic sinusitis. The claim for sleep disturbance was remanded.,Service connection for the Veteran's low back disability is denied as there is no evidence of a nexus to her military service.

The Veteran's right lower extremity radiculopathy was initially rated at 10 percent from August 27, 2012 to December 1, 2015.,An increased rating of 40 percent for the right lower extremity radiculopathy was granted from December 1, 2015 to August 8, 2019.,The Veteran's claim for an increased rating in excess of 40 percent for his right lower extremity radiculopathy has been denied.

The Veteran's service-connected disabilities, including left lower extremity peripheral vascular disease, coronary artery disease, right lower extremity peripheral vascular disease, diabetes mellitus type 2 (DMII), and various diabetic neuropathies, have rendered him unemployable due to his inability to secure or follow a substantially gainful occupation.

The Board has granted an earlier effective date of September 7, 2015 for the award of a 30 percent rating for left lower extremity femoral nerve radiculopathy.

The Veteran's left lower extremity radiculopathy has been rated at 10 percent, and the Board found that a higher rating is not warranted based on the evidence of record.

The Veteran's annual clothing allowance based on static qualifying disability is restored due to the continued use of a prescribed hinged knee brace and topical ointments that cause damage to his clothing.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to comply with a Court decision in Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's lumbar spondylosis is granted as secondary to his service-connected cervical spine disability.,A rating of 40 percent for left lower extremity radiculopathy from December 3, 2018, is granted. Prior to that date, the rating remains at 10 percent.,Total Disability based on Individual Unemployability (TDIU) is granted.

The Veteran's peripheral neuropathy of both lower extremities is granted with evaluations of 20 percent for the sciatic nerve and 10 percent for the femoral nerve, respectively. A TDIU is also granted.

The Board has remanded the claims for service connection and rating of genital herpes, as well as the issues regarding lumbar spine disability with radiculopathy, bilateral tinea pedis, and tinea cruris. The Veteran is also required to undergo VA examinations to assess his current disabilities.

The Board has remanded the claims for increased evaluations for degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity involving the sciatic nerve, and radiculopathy of the left lower extremity involving the femoral nerve. The TDIU claim is also being remanded.

The Veteran's radiculopathy of the right lower extremity was granted a 40 percent disability rating since March 23, 2009. Prior to that date, his condition was rated at 10 percent.

The Veteran's claim for an earlier effective date for the award of a dependency allowance has been withdrawn. The appeal for service connection for cervical spine degenerative disc disease, IVDS and strain is granted. Restoration of the 40 percent rating for left lower extremity radiculopathy is granted.

The Veteran's left lower extremity radiculopathy and back disability are rated at 40 percent, granting a higher rating than previously assigned. The Veteran is also granted entitlement to TDIU due to his service-connected disabilities.

The Veteran's squamous cell carcinoma of the tonsil, traumatic arthritis, cervical spine, cervical radiculopathy, left upper extremity, and PTSD are all remanded for further examination and rating determinations.

The Board has granted an effective date for right lower extremity radiculopathy from July 31, 2014 and a rating of 40 percent for lumbar spine disability with spondylosis since November 16, 2017. The Veteran's left lower extremity radiculopathy is separately rated.