Radiculopathy & sciatica decisions — 2019

The Board has granted service connection for a cervical spine disability and bilateral radiculopathy of the upper extremities, finding that the evidence supports a link between these conditions and the Veteran's military service.

The Veteran's claim for TDIU due to service-connected disabilities is being remanded as the necessary examinations have not been conducted and he has not completed a VA Form 21-8940.

The Board has remanded the case due to an inadequate December 2017 VA examination and opinion regarding loss of use of both feet. The Veteran's service-connected disabilities are being evaluated for their impact on her ability to use adaptive equipment or a vehicle.

The Veteran's intervertebral disc syndrome (IVDS) is now rated at 40 percent effective May 8, 2017. He also received initial ratings of 10 percent for radiculopathy of the right and left lower extremities effective December 14, 2015.

The Veteran's appeal for an increased rating for tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,The Board has remanded several issues including service connection and ratings for various disabilities due to a duty to assist error prior to the May 2018 RAMP opt-in.,Issues include left eye occipital neuralgia, lower extremity sciatica, upper extremity radiculopathy, herpes simplex virus, adjustment disorder with anxiety/depression, migraine headaches, sleep apnea, stroke/vertebral artery dissection, thoracolumbar strain, cervical strain, and scars from hernia repair.,The Veteran's service connection claims for lower and upper extremity sciatica and radiculopathy are remanded due to a duty to assist error prior to the May 2018 RAMP opt-in. VA treatment records need to be obtained from non-VA providers.

The Veteran's right and left lower extremity radiculopathies, as well as his right hand and left hand disabilities, are all found to be secondary to his service-connected lumbar spine disability. The Board has granted service connection for these conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and treatment.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the Board finds that a higher rating is not warranted.,Right lower extremity radiculopathy has been granted an initial 20 percent rating effective May 7, 2014.

The Veteran's claim for a cervical spine condition was reopened and denied due to lack of evidence linking the condition to service.,A rating above 10 percent is granted for radiculopathy of the left lower extremity (sciatic nerve) since October 24, 2016. The right ankle scar remains at 10 percent.,The Veteran's claim for a compensable rating from October 24, 2015 to October 23, 2016 and above 10 percent since that date is remanded due to the need for further development.

The Veteran's allergic reactions and bilateral feet condition are not service-connected.,The Veteran's sinusitis is not service-connected.,For the entire appeal period, the Veteran’s lumbar spine disability is manifested by at worst forward flexion to 50 degrees. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s left lower extremity radiculopathy is manifested by at worst moderately severe incomplete paralysis. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s right lower extremity radiculopathy is manifested by at worst moderate incomplete paralysis. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s left knee condition is manifested by at worst frequent episodes of locking, pain, and effusion. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s right knee traumatic arthritis is manifested by at worst painful motion. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s PTSD is manifested by at worst flattened affect, disturbances of motivation and mood, sleep impairment, depression, anxiety, and difficulty establishing and maintaining work and social relationships. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s left wrist disability is manifested by at worst painful motion. The criteria for a higher rating have not been met.

The Veteran's PTSD is rated at 50 percent, and he has other service-connected disabilities that meet the threshold for a TDIU. The appeal is granted as to both issues.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and related lower extremity radiculopathy, as well as a claim for a compensable rating for left foot strain. The AOJ is instructed to schedule VA examinations and complete an SSOC addressing these issues.

The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities have been denied as there is no evidence that warrants a higher rating based on current symptomatology.

The Board has remanded the claims of entitlement to an increased evaluation for a lumbar spine disability, service connection for GERD as secondary to a lumbar spine disability, and TDIU due to unresolved issues related to the Veteran's medications and onset of his GERD symptoms.

The Board has determined that the Veteran does not have a current diagnosis of bilateral lower extremity radiculopathy and therefore, service connection for this condition is denied.

The Board has granted service connection for PTSD and remanded the issues of service connection for fibromyalgia, OSA, and radiculopathy of both lower extremities. The Veteran's claim for fibromyalgia was denied as there is no evidence of a current disability or in-service event that supports this condition. Service connection for PTSD has been granted based on an in-service stressor related to fear of hostile military activity. OSA and radiculopathy of the left and right lower extremities remain under remand for further examination and opinion.

The Veteran's migraine headaches are not related to his service and are not otherwise causally or etiologically related to his service-connected lumbar spine disorder.,The Veteran's bilateral upper extremity radiculopathy is not related to his service and is not otherwise causally or etiologically related to his service-connected lumbar spine disorder.,Prior to April 30, 2019, the Veteran’s bilateral hearing loss was not manifested by more than Level II hearing impairment in either ear. After that date, it was not manifested by more than Level IV hearing impairment in either ear.,Beginning on May 1, 2019, the Veteran's right lower extremity sciatica was manifested by no more than moderate incomplete paralysis of the right sciatic nerve.,The Veteran’s left lower extremity sciatica is currently rated as 20 percent disabling. The Veteran does not meet the criteria for a higher rating.

The Board has remanded several issues related to the Veteran's right knee, left leg disability (other than as related to left knee or left lower extremity radiculopathy), and fractures of the right tibia and fibula. The remaining issues include service connection for peripheral neuropathy of the right lower extremity, a rating in excess of 20 percent for right knee arthritis with instability, and residuals of a fracture of the right tibia and fibula prior to June 23, 2016.

The Board has determined that additional VA examinations are necessary to assess the current severity and manifestations of the Veteran's service-connected lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The issues of increased evaluations for these conditions have been remanded.