Radiculopathy & sciatica decisions — 2019

The Veteran's service connection claims for degenerative arthritis of the lumbar spine with spinal stenosis and a left leg disorder, including left knee instability and radiculopathy, are granted. The left leg disorders are secondary to his newly service-connected back disability.

The Board has decided to remand the Veteran's claims for additional development due to insufficient evidence and incomplete evaluations. The issues of increased ratings for radiculopathy of the RLE, LLE, and TDIU are also being remanded.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use of lower extremities, finding that his service-connected lumbar spine disability and bilateral lower extremity radiculopathy did not result in functional loss of use of both lower extremities.

The Veteran's claim for a higher rating for IVDS with degenerative arthritis of the spine is denied. A rating of 60 percent, but no higher, is granted as of July 8, 2019.

The Veteran's service-connected disabilities are of sufficient severity to preclude him from obtaining and maintaining substantially gainful employment, resulting in a grant of TDIU.

The Veteran's service-connected conditions render him unable to obtain and sustain substantially gainful employment, warranting a TDIU.

The Veteran's claim for a higher evaluation of his left upper extremity radiculopathy, which is secondary to degenerative disc disease (DDD) of the cervical spine with spinal stenosis, has been granted. The effective date is July 23, 2015.

The Veteran's right leg lumbar radiculopathy is currently rated at 20 percent. The Board has determined that the disability warrants a higher rating of 40 percent, but no higher.

The Board denied the Veteran's claim of service connection for left knee disability, osteoarthritis of the left knee, and radiculopathy (claimed as residuals from left knee injury) due to a lack of evidence linking these conditions to his active military service.

The Veteran's TDIU claim has been granted. The Board has also remanded the issues of higher ratings for his cervical spine disability and right upper extremity radiculopathy.

The Veteran's service-connected disabilities have made it impossible for him to secure and follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU) effective November 15, 2013.

The Board denied service connection for right lower extremity lumbar radiculopathy affecting the femoral and sciatic nerves, as well as erectile dysfunction, all claimed to be due to a non-service-connected lumbar spine disorder. The decision found no evidence of chronic symptoms during service or continuous post-service symptoms that would warrant presumptive service connection.

The Veteran's claims for an initial rating in excess of 20 percent for left lower extremity radiculopathy and for an effective date prior to January 24, 2012, for the award of service connection for LLE radiculopathy are being remanded due to new evidence received since the July 2018 rating decision.

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

The Veteran's service-connected myocardial infarction, coronary artery disease with ischemia was granted an initial rating of 60 percent. The other issues were either denied or remanded.

The Board has decided to remand the Veteran's claims of service connection for bilateral hearing loss, disability ratings for low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and right ankle fracture. The reasons are that no VA examiner has adequately opined whether the Veteran’s hearing loss is related to exposure to excessive jet engine noise during active duty service, and a new examination must be obtained to determine this relationship. Additionally, examinations are needed to assess the current severity of each disability.

The Board has decided to remand the Veteran's claims for neck disability, upper extremity radiculopathy, and TDIU as there are insufficient medical opinions regarding the severity of his disabilities and their impact on employment. The VA will need to schedule a new examination and obtain updated treatment records.

The Veteran's appeals have been dismissed due to the withdrawal of his appeal by him and his attorney.

The claim for service connection for a back disorder is reopened, and the claims for left lower extremity radiculopathy and right lower extremity radiculopathy are remanded. The TBI evaluation reduction is also remanded.

The Board has granted separate 10 percent ratings for radiculopathy of the left and right lower extremities associated with service-connected lumbar spine degenerative arthritis. The Veteran's claim for increased rating for his lumbar spine degenerative arthritis, bilateral hearing loss, and erectile dysfunction remains pending. Additionally, the Board has remanded claims for service connection for the cause of death, abdominal aorta aneurysm, and heart condition.