Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for right lower extremity radiculopathy and lumbar spine disability with degenerative disc disease due to new evidence indicating that his service-connected disabilities have worsened since his last VA examination.

The Board has restored the original disability ratings of 40 percent for lumbar spine degenerative disc disease and left lower extremity radiculopathy, effective March 1, 2017.

The Veteran's migraines are rated at the maximum schedular rating of 50 percent, and his low back and cervical spine disabilities are granted service connection.

The Board has determined that the claims for service connection for various conditions, including right back pain, cervical spinal stenosis, chronic sinusitis, and depression are remanded due to incomplete development of records.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, resulting in a grant of TDIU.

The Board has withdrawn the appeals for left knee strain, right knee strain, and degenerative joint disease with herniated nucleus pulposus and radiculopathy of the lower extremities. The TDIU appeal is remanded.

The Board has remanded the case due to inadequate examination in September 2014, and a need for a retrospective medical opinion.

The Board has denied increased ratings for right lower extremity radiculopathy, hallux rigidus of the left foot, and hallux rigidus of the right foot. The spine disability is remanded due to inadequate examination. The claim for service connection for an acquired psychiatric disability is also remanded.

The Veteran's claims of service connection for sciatica, a cervical spine disorder, and GERD are being remanded due to the need for additional development.

The Veteran's lumbar strain, left lower extremity radiculopathy (sciatic nerve), and right shoulder acromioclavicular joint separation are each rated at 20 percent. The initial rating for the left knee strain is also granted at 20 percent.

The Veteran's right upper extremity peripheral neuropathy and left upper extremity peripheral neuropathy are rated at the maximum of 40 percent each, which is the highest rating available under the applicable diagnostic codes.,The Veteran's right lower extremity (sciatic nerve) peripheral neuropathy and left lower extremity (sciatic nerve) peripheral neuropathy are both rated at 40 percent, as this represents the highest rating possible for these conditions based on the severity of symptoms described in his medical records.,The Veteran's right lower extremity (femoral nerve) peripheral neuropathy is rated at 20 percent and left lower extremity (femoral nerve) peripheral neuropathy is also rated at 20 percent, which are the highest ratings available for these conditions based on the severity of symptoms described in his medical records.

The Veteran's bilateral pes planus was granted a rating of 30 percent effective March 14, 2017. The left knee disability and right knee disability were both denied higher ratings. The back disability was also denied higher ratings.

The Board has granted service connection for a neck disability and cervical radiculopathy, but has remanded the issue of left lower extremity radiculopathy as secondary to service-connected lumbosacral strain.

The Board has remanded three issues: service connection for a lower back disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity. The issues are inextricably intertwined with the issue of service connection for a lower back disability.

The Veteran's initial claim for a higher disability evaluation for low back strain and radiculopathy of the right lower extremity was denied. The Board found that the evidence did not support an increased rating beyond 20 percent for both conditions.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected conditions did not render him unemployable prior to December 15, 2016.

The Veteran's cervical strain and upper extremity radiculopathy are rated at the maximum available under VA regulations, with no further increase in rating possible.,Service connection for a right knee disability is denied as there is insufficient evidence to establish that it began during service or is related to an in-service injury.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical records and a new examination.

The Veteran's claims for increased ratings for service-connected radiculopathy of the right and left upper extremities have been remanded due to the need for additional examinations.,Further, the Veteran’s claims for increased ratings for his service-connected back and neck disabilities are also being remanded.

The Veteran's claim for an initial compensable rating for bilateral hearing loss has been denied.,The Board has remanded the claims of service connection for a lower back disorder and bilateral lower extremity radiculopathy due to incomplete records.