Radiculopathy & sciatica decisions — 2019

The Board has reopened the claim for ulnar nerve neurolysis, right upper extremity due to new and material evidence. The case is remanded for further development.

The Veteran's claim for service connection for a neck condition, including degenerative disc disease of the cervical spine, was granted. The claims for radiculopathy of the right and left upper extremities were remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for an initial evaluation higher than 20 percent prior to June 15, 2013 and to an evaluation higher than 40 percent on and after that date for service-connected lumbar spine degenerative disc disease; entitlement to an initial evaluation higher than 40 percent for service-connected left leg radiculopathy; entitlement to an initial evaluation higher than 40 percent for service-connected right leg radiculopathy; entitlement to a separate evaluation for left leg radiculopathy prior to September 15, 2014; and entitlement to a separate evaluation for right leg radiculopathy prior to September 15, 2014. The Veteran's TDIU claim is also remanded.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus the Board finds that he is entitled to TDIU.

The Veteran's service-connected disabilities, including major depressive disorder, sleep apnea, degenerative arthritis of the spine with intervertebral disc syndrome and spinal stenosis, left patellofemoral syndrome, left lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (sciatic nerve), allergic rhinitis, left palm ganglion cyst excision, herpes simplex, acne vulgaris, and uterine fibroids, have prevented the Veteran from securing or following substantially gainful employment.

The Veteran's RLE sciatica radiculopathy and left ankle disability have been granted initial evaluations of 40 percent and 20 percent, respectively, effective October 23, 2012.

The Veteran's appeals for service connection for intervertebral disc disease and cervical radiculopathy have been dismissed as he has withdrawn his appeal.

The Veteran's claims for increased evaluations and effective dates are being remanded due to the need for a DRO hearing.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the lumbar spine, with radiculopathy, finding that there was no evidence to support a nexus between his current condition and active duty service.

The Veteran's claims for increased evaluations of his service-connected PTSD, diabetes mellitus type II with erectile dysfunction, sciatic nerve peripheral neuropathy of the lower extremities, and status post right fibular head resection have all been denied. The Board found that the evidence did not support higher ratings based on the severity of the conditions.

The Veteran's claims for increased rating for epididymitis, service connection for right and left shoulder disabilities, and service connection for a skin disability (eczema) have been dismissed.,The Veteran's petitions to reopen his claims for service connection for back disability, sciatica of the right lower extremity, and sciatica of the left lower extremity have been granted. The cases are remanded for further development.

The Veteran's radiculopathy of the right and left lower extremities was granted initial ratings of 20 percent, effective from January 3, 2018. The prior rating decisions were denied.

The Veteran's IVDS is currently rated at 20 percent, but the Board found no evidence of incapacitating episodes or forward flexion limited to 30 degrees or less, which would warrant a higher rating.,The Veteran's radiculopathy of the left lower extremity is currently rated at 10 percent and supported by moderate incomplete paralysis, warranting an initial increased rating of 20 percent.,The Veteran's radiculopathy of the right lower extremity is also rated at 10 percent and supported by moderate incomplete paralysis, warranting an initial increased rating of 20 percent.,The Veteran's right ankle strain is currently rated at 10 percent and does not meet criteria for a higher rating.

The Board denied service connection for various spinal and joint disabilities, finding that the evidence did not support a nexus between these conditions and service.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a left hip disability and chronic fatigue with sleep problems, depression, and anxiety. The Veteran's hypertension and headaches were denied as there is no evidence of such conditions in service or related to service.,For the issues of increased ratings for radiculopathy of the lower extremities, the Board has determined that new and material evidence has not been received to reopen these claims.

The Board has remanded the claims for bilateral hip, left shoulder, right shoulder and right upper extremity radiculopathy disabilities due to additional development being required.

The Board has remanded the claims for TMJ, lumbar spine disability, left lower extremity radiculopathy, and TDIU due to incomplete or insufficient evidence. The Veteran needs a new examination for TMJ and an addendum opinion regarding his back condition.

The Veteran's service-connected chronic low back strain has been granted increased ratings for lumbar radiculopathy of the RLE, LLE, and depression. Service connection is also granted for a cervical spine condition secondary to his service-connected chronic low back strain.

The Board granted a disability rating of 70 percent for depressive disorder with anxious distress, effective December 10, 2015. The Veteran was granted TDIU and DEA benefits effective February 12, 2007.

The Veteran's claim for increased evaluation of intervertebral disc syndrome (60%) has been denied.,The Veteran's claim for increased evaluation of right lower extremity radiculopathy prior to March 13, 2018 (10%) has been denied.