Radiculopathy & sciatica decisions — 2020

The Board denied a rating in excess of 40 percent for rheumatoid arthritis prior to May 1, 2014, finding that the Veteran's condition was not active during this period and did not warrant a higher rating based on his knee conditions.

The Board has found a pre-decisional duty to assist error and finds that an addendum VA medical opinion is necessary. The examiner should determine whether the Veteran’s radiculopathy of the left lower extremity resulted in mild, moderate, moderately severe, or complete paralysis at any point during the period on appeal (October 28, 2011 through the date of his RAMP opt-in).

The Board denied the Veteran's claim for TDIU prior to May 7, 2020, finding that his service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Board has remanded the claim due to incomplete service records and a need for clarification regarding the nature of the appellant's service in Honduras. The appellant must provide additional information or evidence, and VA will attempt to obtain any necessary records.

The Veteran's low back disability and associated radiculopathy were rated based on their current manifestations, with the right lower extremity radiculopathy receiving a separate rating of 20 percent effective May 26, 2016, and left lower extremity radiculopathy receiving a separate rating of 20 percent effective December 10, 2019. A total disability rating based on individual unemployability was granted for the period from August 21, 2018 onward.

The appeal for service connection of a psychiatric disorder is dismissed. The remaining issues related to left knee, right knee, left wrist, right wrist, lumbar spine, left foot, and right foot disorders are remanded.

The Veteran's left lower extremity radiculopathy is granted as secondary to his service-connected lumbar spondylosis associated with bilateral pes planus with degenerative joint disease of the feet. The right lower extremity radiculopathy claim was denied.

The Veteran's RLE and LLE radiculopathy were found to be moderately severe, warranting a 40% disability rating. The claims are granted.

The Veteran's back disability, left and right lower extremity radiculopathy, and sleep apnea are all at issue. The Board has remanded the case for further development regarding service connection for sleep apnea.,The Veteran is seeking higher ratings for his back disability and lower extremity radiculopathy.

An initial 20 percent rating, but not higher, for degenerative disc disease (DDD) of the thoracolumbar spine is granted. Separate 10 percent ratings are granted for radiculopathy of the left and right lower extremities effective May 9, 2009.,A separate initial 70 percent rating for posttraumatic stress disorder (PTSD) is granted.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current diagnosis of hypertension, thus denying the claim. For other conditions, the evidence did not meet the criteria for higher ratings.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease with lumbosacral strain to include IVDS and bilateral lower radiculopathy is denied. The evidence does not show that it was factually ascertainable that there was an increase in the Veteran’s disability such that a rating in excess of 40 percent was warranted.

The Veteran's right sciatic nerve condition is now rated at 20 percent effective November 5, 2015.,The Veteran's right femoral nerve radiculopathy was previously rated as 10 percent from October 11, 2012 to August 13, 2015 and denied for a higher rating. From August 14, 2015 onwards, the condition is not shown to warrant any compensation.

The Board denied service connection for a back disability and right lower extremity radiculopathy as secondary to a back disability due to lack of evidence showing the conditions were related to service or service-connected disabilities.

The Veteran's sciatica of the left lower extremity is rated at 20 percent, but the Board finds that it does not warrant a higher rating due to moderate symptoms.,The Veteran's left knee scar is currently rated as noncompensable (0 percent), and the Board finds no basis for a compensable rating.

The Veteran's lumbar spine disability is rated at 20 percent since July 24, 2020. The Board has remanded the case for further development regarding the period prior to this date.,The Veteran's right lower extremity radiculopathy is currently rated at 20 percent. The case was also remanded for a retroactive opinion on flare-ups during earlier examinations.,The Veteran's lumbar spine disability was previously rated at 10 percent, and the Board has now remanded this issue as well.,The Veteran’s TDIU claim is being referred to VA’s Director of Compensation Service for extraschedular consideration.

The Veteran's radiculopathy of the left lower extremity is rated at 40% since December 27, 2017. His peripheral neuropathy of the left lower extremity remains rated at 20%. The rating for radiculopathy has been granted, but the rating for peripheral neuropathy has not.

The Board has remanded the claims for increased ratings of right and left knee disabilities, low back disability, and sciatica in both lower extremities due to failure of the August 2020 examiner to distinguish symptoms and impacts on functioning from each other and from other service-connected and non-service-connected disabilities.

The Veteran's depression is granted as secondary to his service-connected disabilities.,There is no evidence of hypertension during or after service, and the claim for hypertension is denied.,Peyronie's disease is denied as there is insufficient evidence linking it to active service.,Right lower extremity sciatic nerve radiculopathy and left lower extremity sciatic nerve radiculopathy are both granted with a 40% evaluation, effective October 18, 2018.,The claims for entitlement to earlier effective dates for the evaluations of right and left lower extremity sciatic nerve radiculopathies are dismissed.

The Board has granted service connection for residuals of pilonidal cyst and denied service connection for lumbar degenerative disease with radiculopathy.