Radiculopathy & sciatica decisions — 2019

The Board has determined that the evidence is in equipoise as to whether the Veteran's radiculopathy of the right and left lower extremities was incurred during active duty service, thus granting service connection for both conditions.

The Board has granted service connection for radiculopathy of the left lower extremity, secondary to a lumbar spine disability. The claim for peripheral artery disease (PAD) of the left lower extremity is remanded due to lack of available STRs.

The Veteran's service-connected obstructive sleep apnea is granted, and his RLE radiculopathy remains at a 10 percent rating. The Board also grants the Veteran an increased rating for IVDS of the lumbar spine prior to July 28, 2015.

The Veteran's neuralgia of the sciatic nerve in the left lower extremity is granted a 20 percent rating. The Board also grants entitlement to a disability rating in excess of 10 percent for chondromalacia of the right knee, entitlement to a disability rating in excess of 10 percent for chondromalacia of the left knee, and remands the claim of entitlement to service connection for a cervical spine disability. The Veteran's headaches with lightheadedness are granted a compensable evaluation.

The Veteran's service-connected disabilities are of such severity that they prevent him from securing or maintaining substantially gainful employment, and the Board has determined that his TDIU application is granted as of December 16, 2016.

The Veteran's lumbar spine degenerative disc disease was granted a 40% disability rating from March 1, 2007 to October 20, 2009. The appeal for higher ratings is denied for the periods of October 21, 2009 to April 18, 2012 and January 30, 2018.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent from October 9, 2012 to September 12, 2016. The Board has remanded the issues of increased ratings for his lower extremity radiculopathy and left knee disability, as well as service connection for residuals of a head injury.

The Board has determined that additional medical examinations are needed to assess the current severity of the Veteran's service-connected conditions, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease lumbar spine, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis. The Board has also determined that a remand is necessary for the issue of entitlement to a total disability rating based on individual unemployability prior to May 9, 2016.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and his education and work experience are sufficient to allow him to secure and follow substantially gainful employment.

The Veteran has withdrawn his appeal for a higher evaluation of sciatic radiculopathy of the right lower extremity.

The Veteran's claims for service connection for right and left lower extremity radiculopathy, as well as his requests for increased ratings for DJD of the left knee and scars from a previous surgery, have all been denied. The Board found no current disability in any of these areas.

The Veteran's claims for effective dates earlier than May 25, 2016, for the grant of service connection and separate ratings for right and left lower extremity radiculopathy have been denied as there is no factual evidence to support an earlier effective date.

The Veteran's claim for various equipment purchases and home modifications under the independent living plan through VA’s VR&E program is remanded due to incomplete documentation, lack of a Vocational Rehabilitation evaluation, and unavailability of certain records. The AOJ must ensure all relevant documents are obtained and associate them with the claims file.

The Veteran's claim for a TDIU was denied as the evidence did not support his contention that he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Veteran's tinnitus was granted service connection. The Veteran's abdominal scarring and shin splints were denied service connection. The Veteran's lumbar strain, bilateral lower extremity radiculopathy, and left leg shin splints with moderate knee disability are remanded for further evaluation.

The Board has denied the Veteran's claims of service connection for left and right knee disabilities, left shoulder disability, right shoulder disability, lumbar spine disability, and cervical spine disability. The Board found that these conditions were not incurred or aggravated by active duty.

The Veteran's right lower extremity sciatic radiculopathy is rated at 20% prior to March 20, 2017 and 10% since then. The left lower extremity sciatic radiculopathy remains rated at 10%. A separate rating for post-operative tear of the right wrist with sprain and tendonitis was granted.

The Board has remanded the claim for a total disability rating based on unemployability (TDIU) prior to April 13, 2015 due to its inextricability with other claims that were previously remanded.

The Veteran's appeal for restoration of a 40 percent rating for intervertebral disc syndrome (IVDS) is granted, effective May 1, 2018. The appeals for bilateral lower extremity radiculopathy service connection and other issues are remanded.

The Veteran's initial increased ratings for cervical sprain with degenerative changes and degenerative disc disease, lumbosacral sprain and degenerative disc disease of the lumbar spine, and right lower extremity L5-S1 radiculopathy have been denied.