Radiculopathy & sciatica decisions — 2019

The Veteran's right ankle scar is currently rated as noncompensable, and the Board has determined that a compensable rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 10 percent, and the Board has determined that a higher rating of 40 percent is warranted.

The Veteran is granted a TDIU rating effective June 7, 2010 due to his service-connected lower back pain and right lower extremity radiculopathy preventing him from securing or following substantially gainful employment.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations. The Veteran has also had his previously denied claims of service connection for knee disorders reopened.

The Board has remanded the cases for further development due to insufficient evidence and potential service connection issues.

The reduction of the rating from 20 percent to noncompensable for radiculopathy of the right upper extremity, effective June 1, 2012 was improper and restored a 20 percent rating. The issue of an increased rating for right shoulder impingement is remanded.

The Veteran's service-connected CAD was reduced from 60% to 30%, and his benefits were restored effective July 1, 2015. Service connection for hypertension, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and diabetes mellitus (type II) have been granted with effective dates of October 28, 2010.

The Board has denied service connection for left shoulder degenerative joint disease and remanded the issues of service connection for lumbar degenerative changes with radiculopathy and acquired psychiatric disorder. The case is now pending again due to insufficient medical opinions.

The Board has decided that the evidence does not adequately address the nature and etiology of the lower extremity disabilities, including the theory of service connection for radiculopathy of the lower extremities on a secondary basis to his service connected back disability. The Veteran's case is being remanded for further development.

The Veteran's service-connected radiculopathy of the left and right lower extremities, degenerative joint disease of the right knee, low back disability, and degenerative joint disease of the right shoulder are all granted with initial ratings.,Specifically, the Veteran is now rated at 40% for his service-connected radiculopathy of the left and right lower extremities effective March 15, 2018. His service-connected degenerative joint disease of the right knee is also rated at 20% effective March 15, 2018.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has granted service connection for the veteran's residuals of fractured left ankle and lumbar spine degenerative disc disease with bilateral lower extremity radiculopathy and right leg shortening, but denied service connection for a cervical spine fracture. The decision is based on new evidence received since previous decisions.

The Veteran's claim for an extraschedular TDIU from June 30, 2009 to December 29, 2014 was denied as the preponderance of the evidence did not show that he was unable to secure or follow any form of substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected lumbar spine disorder and radiculopathy of the right lower extremity prior to November 28, 2018 are rated at 20 percent each. The appeal is granted as the disability ratings are found to be correct.

The Board has remanded the case due to insufficient evidence and need for further examination. The issues include determining if a lumbar disability is service-connected, with an emphasis on verifying the Veteran's duty status during his National Guard service.

The Board denied service connection for COPD and lower bilateral sciatic nerve paralysis, finding no evidence of a nexus between the conditions and service.

The Veteran's service-connected disabilities have resulted in a combined evaluation of 100% as of August 11, 2017. The Board has granted TDIU effective from that date due to the severity of his service-connected conditions preventing him from securing or following substantially gainful employment.

Service connection is granted for acquired psychiatric disorder (adjustment disorder with anxiety). Service connection is remanded for low back condition, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, and the Board denied a higher rating.,The Veteran's degenerative disc disease of the lumbar spine with IVDS was restored to a 40 percent rating effective May 27, 2015. The Board also remanded for further action on an increased rating claim.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. A 10 percent rating, but no higher, was granted for radiculopathy of the left lower extremity (sciatic nerve) effective October 15, 2015. The claim for a higher rating for radiculopathy of the left lower extremity (femoral nerve) was also denied.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.