Radiculopathy & sciatica decisions — 2019

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine was granted with an effective date of January 2, 2008. The claim for bilateral lower extremity radiculopathy was denied as it did not arise until August 2013.

The Board has reopened the previously denied claims of left total knee arthroplasty, low back pain status post L5 laminectomy, and right lower extremity radiculopathy. The claim for left lower extremity radiculopathy is also remanded. The rating for service-connected total right knee replacement remains remanded.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including increased ratings and earlier effective dates. The main reasons for this are incomplete development of records from prior periods of active service and additional medical examinations.

The Veteran's service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation as of January 27, 2011, and an effective date for the TDIU award was granted.

The Veteran's initial rating for his back disability was denied, with a current rating of 40 percent effective September 23, 2014. The Veteran's left lower extremity radiculopathy is rated at 20 percent prior to September 23, 2014 and 40 percent thereafter.,The Veteran was denied TDIU due to lack of disagreement with the effective date assigned.

The Board has determined that the Veteran's left lower extremity radiculopathy began during his active service and is related to his lumbar spine disability. As such, the claim for service connection is granted.

The Veteran's right lower extremity radiculopathy is currently rated as 10 percent disabling. The Board has granted a higher initial rating of 20 percent, finding that the disability is moderate throughout the appeal period.

The Board has remanded the case due to inadequate examination and failure to consider the Veteran's contentions regarding his back injuries during service.

The Veteran withdrew their appeals for the initial ratings of lumbar spine degenerative disc disease and left peroneal palsy and L5 radiculopathy, resulting in the dismissal of these claims.

The Board has determined that further development is needed to determine the nature and etiology of any radiculopathy of the upper extremities and acquired psychiatric disorder, as well as the current severity of the Veteran's service-connected lumbar radiculopathy. The case will be remanded for these purposes.

The Board has granted service connection for the Veteran's lumbar spine disability, radiculopathy of left and right lower extremities, and remanded other issues including hearing loss, erectile dysfunction, and depression.

The Veteran's service-connected disabilities, including arthritis of the bilateral sacroiliac joint and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's application to reopen her claim for service connection for bilateral hearing loss was denied. Her initial rating for Gastrointestinal Stromal Tumor and Hypertrophic Gastritis, as well as her ratings for lumbar strain with degenerative arthritis at T12-L1 and left leg radiculopathy were all granted. The Veteran's PTSD and adjustment disorder with depressed and anxious mood received a 70 percent rating, but no higher.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's benign schwannoma tumor and his service in Vietnam, specifically exposure to herbicide agents.

The Board has dismissed the appeals for an increased initial rating for left lower extremity radiculopathy and an earlier effective date for the grant of service connection for left lower extremity radiculopathy. The appeal for service connection for OSA, a psychiatric disability, and the spinal disability is remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, and the Board has granted a TDIU. The remaining issues of increased ratings for his back and cervical spine conditions are remanded.

The Veteran's service-connected lumbosacral spine disability and bilateral lower extremity radiculopathy are being remanded for additional development, including obtaining VA treatment records and a back conditions examination.

The Veteran's low back strain with traumatic arthritis is rated at 40 percent, but no higher.,Since August 8, 2017, the Veteran's right lower extremity radiculopathy has been rated at 60 percent.

The Board has decided that the Veteran's radiculopathy, right lower extremity claim requires further examination and evaluation to determine its etiology.

The Board has granted service connection for a low back disability and paralysis of the sciatic nerve in the Veteran's lower extremities, both found to be secondary to his service-connected right ankle disability.