Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 20 percent, effective March 30, 2011. The claim for an increased rating remains pending.,The Veteran's service-connected left and right lower extremity radiculopathy are both currently rated at 10 percent, effective March 30, 2011. Both conditions warrant a 20 percent rating.

The Board has remanded the claims of service connection for sciatica of the lower left extremity and PTSD due to additional development needed, including obtaining VA treatment records and scheduling a new examination.

The Veteran's claim for a higher rating for his lumbar spine disability and right lower extremity radiculopathy was denied. A separate 10% rating is granted for the right lower extremity radiculopathy associated with the femoral nerve.

The Veteran's lumbar strain and bilateral extremity radiculopathy are granted service connection, with a rating of 20 percent for the right arm and shoulder disability.

The Veteran's appeal for an initial rating in excess of 50 percent for major depressive disorder and SMC based on the need for aid and attendance or housebound status was denied. The Board found that his depression did not meet the criteria for a higher rating, as it did not cause deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Board has denied the Veteran's claims for service connection for back injuries, lower lumbar joint and disc degeneration, a cervical spine disability, bilateral cervical radiculopathy and paresthesias of the shoulders, arms and hands, neurogenic tics, extreme loss of weight, difficulty breathing, myositis, myopathy, ALS, and headaches. The claims are being remanded for further examination to determine if these conditions are related to exposure to herbicides or jet fuel and exhaust.

The Veteran's appeal for a compensable disability rating for right eye hyperphoria prior to December 4, 2014 is dismissed. The appeals for increased ratings of right eye hyperphoria, left upper extremity radiculopathy, and cervical spine disc disease are remanded.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's lumbosacral strain and associated left lower extremity radiculopathy are rated at 40 percent effective April 25, 2017. The claim for service connection of a left knee disorder is reopened.

The Board denied the Veteran's requests for earlier effective dates for service connection of radiculopathy affecting the anterior crural and internal saphenous nerves, external cutaneous nerve of the thigh, and obturator nerve.,The effective date for the increased disability rating of 40 percent for radiculopathy affecting the posterior tibial, external popliteal, musculocutaneous, anterior tibial, internal popliteal and sciatic nerves was set at March 15, 2017.

The Veteran's claims for service connection for left and right leg radiculopathy have been denied as there is no current evidence of such conditions.,Claims for increased ratings for migraine headaches, left knee disability, right knee disability, and left foot disability were also denied.

The Veteran's service-connected left and right lower extremity sciatic nerve radiculopathy, loss of sensory function (attributable to sciatic nerve radiculopathy), and femoral nerve radiculopathy have been granted a 40 percent evaluation each.

The Veteran's cervical spine disability, lumbar spine disability with left lower extremity radiculopathy are being remanded for new VA examinations to determine their current severity.

The Veteran's disability rating for spondylosis of the lumbar spine with degenerative disc disease at L5 - S1 was restored from 20% to 40%. The reduction in rating was improper, and a new 40% rating has been granted.

The Veteran's appeal for higher ratings for his left lower extremity radiculopathy and TDIU is being remanded due to the need for additional evidence and a VA examination.

The Veteran's service connection claims for bilateral sciatica, upper extremity radiculopathy, and migraine headaches are remanded due to the need for additional medical opinions.

The Veteran is granted a TDIU for the period from May 4, 2009 to June 11, 2014 due to his service-connected back disability and radiculopathy of the left lower extremity.

The Veteran's claim for a higher rating for chronic low back pain and right lower extremity radiculopathy was denied. A separate rating of 10 percent for left lower extremity radiculopathy is granted from November 18, 2013.

The Veteran's claim for an earlier effective date for the grant of a separate rating for right lower extremity radiculopathy is denied. The Board has also remanded the issue of entitlement to total disability based on individual unemployability (TDIU).

The Veteran's degenerative disc disease of the lumbar spine with radiculopathy, claimed as back and leg problems, is related to his August 2002 hernia surgery. The Board has determined that this qualifies for compensation under 38 U.S.C. § 1151.