Radiculopathy & sciatica decisions — 2019

The Board has remanded the claims of service connection for lumbosacral strain, left leg pain (sciatica), and right arm pain due to lack of a medical opinion regarding the etiology of these conditions. The Veteran's lay statements will be considered in formulating opinions.

The Veteran's lumbar spine disability is currently rated at 20 percent, and no higher.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent, and no higher.

The Veteran's claim for service connection and increased rating of his lumbosacral spine disability, as well as bilateral lower extremity radiculopathy, is being remanded. The TDIU claim is also being remanded.

The Board has determined that a remand is necessary to obtain updated medical examinations and treatment records for the Veteran's service-connected radiculopathy of the lower extremities and degenerative arthritis of the lumbar spine, as well as to address the Veteran's claims for increased ratings.

The Board has determined that additional development and examination are needed to properly evaluate the Veteran's claims for increased ratings for his IBS, DJD of the thoracic spine, and radiculopathy of the lower extremities. The issues have been remanded.

The Board denied the Veteran's claims for service connection and increased ratings, as well as his request for a total disability rating based on individual unemployability. The issues were not related to service connection.

The Veteran's COPD was not incurred in or aggravated by service, and the Board denied service connection for this condition.,For the whole period on appeal, radiculopathy caused moderate incomplete paralysis of both upper extremities. The Veteran received a rating of 40 percent prior to March 5, 2019 for right upper extremity radiculopathy and a rating of 30 percent after that date for left upper extremity radiculopathy.,The Veteran's cervical spine disability was rated as 10 percent before March 5, 2019 and 30 percent thereafter. The Board found no evidence to warrant higher ratings based on the severity of symptoms.,Migraine headaches were not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has denied a rating in excess of 40 percent for left lower extremity radiculopathy of the sciatic nerve associated with service-connected lumbar strain with degenerative disc disease. The right shoulder and acquired psychiatric disorder issues are remanded for further examination and opinion.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development regarding his lumbar spine degenerative arthritis status post L5-S1 laminectomy.

The Board denied the Veteran's claims for increased ratings for lumbosacral strain, right sciatic nerve radiculopathy, and left sciatic nerve radiculopathy as there was no evidence of unfavorable ankylosis or incapacitating episodes. The current evaluations were found to be appropriate given the mild symptoms reported by the Veteran.

The Board denied service connection for neck disorder, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, and right lower extremity radiculopathy due to lack of evidence linking these conditions to service.

The Veteran's appeals for increased ratings in excess of 20 percent for peripheral neuropathy, sciatic and femoral nerves in both lower extremities have been dismissed due to his death.

The Board dismissed all pending claims as the Veteran withdrew his appeal.

The Veteran's initial ratings for degenerative joint disease of the thoracolumbar spine and radiculopathy of both lower extremities have been denied.,No new or material evidence was presented to reopen the service connection claim, and the current conditions are rated based on their direct effects.

The Veteran's service connection claims for right and left ear hearing loss, tinnitus, blackouts/fainting, colon problems/irregular bowel movements, right shoulder disability, right hip disability, left hip disability, scoliosis of the spine, sciatic radiculopathy of the left lower extremity, and sciatic radiculopathy of the right lower extremity have all been denied.,The Board found that there was no evidence to support a service connection for any of these conditions.

The Board has remanded several issues related to the Veteran's service connection claims, including for increased ratings and new evidence. The Veteran is also being asked to provide National Guard records and updated VA treatment records.

The Veteran's right lower extremity radiculopathy and GERD have been granted increased ratings, but the right foot disorder remains unresolved.,The Board has determined that a new examination is needed for the right foot disorder due to potential overlap with other service-connected conditions.

The Board has remanded the case due to new evidence and issues, including a TDIU claim and service connection for PTSD. The TDIU claim is inextricably intertwined with the service connection issue.