Radiculopathy & sciatica decisions — 2019

The Veteran's low back strain and left lower extremity radiculopathy have been granted increased ratings, with the low back strain receiving a 20% rating effective January 29, 2018, and the left lower extremity radiculopathy receiving a 40% rating from September 13, 2011.

The Veteran's low back disability is rated at 40 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's left lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's right lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's meniscal tear with degenerative arthritis of the right knee is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.

The Board has remanded two issues: one regarding a rating for lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS) and another for left lower extremity radiculopathy of the sciatic nerve. The reasons are that the VA examinations did not provide sufficient information to assess the Veteran's functional impairment, particularly during flare-ups or after repeated use over time.

The Veteran's DDD lumbar spine and right lower extremity sciatica were aggravated during his ACDUTRA service, warranting service connection for these conditions.

The Veteran was granted a disability rating of 40 percent for left lower extremity radiculopathy effective February 22, 2018.,The Veteran was granted a disability rating of 40 percent for right lower extremity radiculopathy effective February 22, 2018.

The Board has dismissed the Veteran's appeals for service connection for obstructive sleep apnea and Traumatic Brain Injury (TBI) due to her withdrawal of those claims during a July 2019 hearing. The remaining issues have been remanded.

The Board has determined that the remand of both cervical spine arthritis and left arm radiculopathy secondary to cervical spine arthritis is necessary due to insufficient exposure information provided by VA examiners.

A rating of 20 percent for degenerative disc disease of the lumbar spine effective July 31, 2013 is granted.,A rating of 10 percent for right leg radiculopathy effective on July 31, 2013 instead of July 18, 2019 is granted.,A rating of 10 percent for service connection for left leg radiculopathy, secondary to back condition, effective July 31, 2013 is granted.,The case is REMANDED for the following actions: obtain complete VA and non-VA treatment records; arrange for a VA examination to determine the current severity and impact of his service connected back and radiculopathy in both legs conditions.

The Veteran's right upper extremity cervical radiculopathy was granted a 70 percent rating from September 9, 2019. Prior to that date, the Veteran received a 20 percent rating.

The Board has decided to remand the Veteran's claim for a lumbar spine disability with radiculopathy due to incomplete medical records and the need for an examination.

The Veteran's claim for an effective date prior to November 21, 2018 for the grant of service connection for right femoral radiculopathy was denied.,The Veteran's claim for a rating in excess of 10 percent for right femoral radiculopathy was denied.,The Veteran's claim for a rating in excess of 20 percent for his back disability was denied.

The Board has restored service connection for PTSD, low back degenerative disc disease status post laminectomies, left and right lower extremity radiculopathy. The Veteran's other claims are remanded.

The Board has denied the Veteran's claims for service connection for a left knee disability, increased ratings for right and left wrist carpal tunnel syndrome, and service connection for radiculopathy of the lower extremities. The claims are being remanded to obtain additional medical evidence.

The Board has remanded the Veteran's claims due to failure to report for VA examinations and issues with scheduling. The claims include service connection for psychiatric disorder, left upper extremity radiculopathy, lumbar spine disability, and cervical spine disability.

The Veteran's claims for earlier effective dates are denied as there is no evidence of a formal or informal claim prior to July 28, 2017.,The Veteran's claims for service connection are remanded due to inadequate examination reports and the need for additional medical opinions.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as the evidence does not show he is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected disabilities result in the need for aid and assistance on a regular basis to feed himself, keep himself clean and presentable, and protect him from the hazards or dangers inherent in his daily environment. As such, the claim for SMC based on the need for aid and attendance is granted.

The Veteran's claims for increased ratings and effective dates are being remanded due to outstanding medical records from Winter Park Hospital.

The Veteran's claim for an increased rating for his lumbar spine disability and left lower extremity radiculopathy was granted, with a separate evaluation of 10 percent from August 2, 2013. The current ratings are based on the criteria set forth in VA’s Schedule for Rating Disabilities.

The Veteran's thoracolumbar spine disability is rated at 40 percent, which is the maximum schedular rating for limitation of motion of the spine.,The radiculopathy of the left lower extremity is currently rated at 20 percent.,The psychiatric disability has been granted a 70 percent rating.