Radiculopathy & sciatica decisions — 2019

The Board has granted an effective date of February 27, 2011 for service connection for peripheral neuropathy due to sciatic nerve involvement of the left lower extremity. The appeal regarding entitlement to an earlier effective date of service connection prior to February 27, 2012 for peripheral neuropathy of the right sciatica is remanded.

The Veteran's service-connected migraine headaches are granted a 30 percent evaluation, but not more. The Veteran's partial paralysis of the sciatic nerve is granted a 10 percent evaluation.

The Board denied the Veteran's appeal regarding the propriety of a combined evaluation of 90 percent assigned as of October 1, 2010. The RO applied the Combined Ratings Table correctly and determined that the Veteran’s combined rating was 90 percent.

The Board has decided to remand the cases due to insufficient evidence regarding the etiology of the Veteran's back disability and sciatica. The VA needs to obtain medical records from SSA and provide a medical opinion on whether these conditions are related to service.

The Veteran's radiculopathy of the right lower extremity was granted a disability rating of 10 percent effective June 13, 2017. The reduction from 20 to 10 percent for degenerative disc disease of the lumbar spine is upheld.

The Veteran's left lumbar sensory radiculopathy and IVDS of the lumbar spine were previously rated, but a remand is required to obtain additional information about functional loss during flare-ups prior to October 20, 2016.,An initial disability rating in excess of 10 percent for left lumbar sensory radiculopathy, L3-L4 associated with IVDS of the lumbar spine beginning April 30, 2009 is granted.

The Veteran's claim for an evaluation in excess of 40 percent for his right lower extremity radiculopathy with foot drop is remanded due to the need for a new VA examination and the availability of outstanding medical records.

The Board has granted an effective date of June 24, 2010 for the award of a separate compensable rating for right lower extremity radiculopathy.,An initial rating in excess of 10 percent for right lower extremity radiculopathy is denied.

The Veteran's appeal is remanded for a new vocational rehabilitation evaluation to consider his current service-connected disabilities and their impact on his ability to pursue a nursing degree.

The Veteran was granted a 20 percent rating for right lower extremity radiculopathy from May 12, 2017. The Veteran's left lower extremity radiculopathy received a 20 percent rating as well.,For the period prior to December 21, 2016, the Veteran was granted an initial 10 percent rating for his right forearm condition with painful motion and limitation of extension.

The Board has granted service connection for lumbar disc disease and related conditions, right lower extremity radiculopathy, left lower extremity radiculopathy, as well as the Veteran's bilateral knee and left shoulder conditions. The issues of service connection for left knee condition, right knee condition, and left shoulder condition are remanded.

The Veteran's service-connected disabilities, including PTSD and neuropathy of his extremities, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Veteran's service connection for right lower lumbar radiculopathy, temporary total rating based on the need for convalescence after March 16, 2012, and SMC based on the need for aid and attendance of his spouse have been withdrawn. The Veteran’s degenerative arthritis lumbosacral spine has been granted a 40 percent rating.

The Veteran's service-connected major depressive disorder and other trauma and stressor-related disorder, type II diabetes mellitus, diabetic neuropathy of the right lower extremity (sciatic nerve), diabetic neuropathy of the left lower extremity (sciatic nerve), diabetic neuropathy of the right lower extremity (femoral nerve), and diabetic neuropathy of the left lower extremity (femoral nerve) are being remanded for further evaluation.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's RLE radiculopathy is aggravated by his service-connected bilateral foot disabilities.

The Veteran's TDIU claim for the period from May 23, 2016 to August 29, 2017 was denied as he was employed during this time and not in marginal employment. The right knee disability claim is remanded for a new VA examination.

The Board has denied the Veteran's claims of service connection for radiculopathy of the cervical spine, right upper extremity; radiculopathy of the cervical spine, left upper extremity; and degenerative disc disease cervical spine. The Board found that there was no evidence linking these conditions to active service.

The Board has granted the Veteran's claim for service connection for bilateral lower extremity radiculopathy/ neuropathy as secondary to his service-connected lumbar spine disability, finding that the evidence is at least in equipoise that the current condition was caused or aggravated by his service-connected back disability.

The Board has determined that the reduction in ratings for right lower extremity radiculopathy, left lower extremity radiculopathy, and right knee instability were not proper. The Veteran's claims of entitlement to increased evaluations for right knee scars and left femur surgical scars are remanded.

The Veteran's claims for higher initial evaluations and earlier effective dates are being remanded due to the need for additional examinations.,The Veteran is also facing issues related to a TDIU, DEA benefits, and SMC at the housebound rate.