Radiculopathy & sciatica decisions — 2020

The Board has remanded the case due to conflicting findings and a need for further clarification of the nature and etiology of the Veteran's claimed left lower extremity sciatic nerve damage, including whether it is related to service-connected lumbar spine and right lower extremity disabilities.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran’s left lower extremity radiculopathy is currently rated at 10 percent. The Board finds that a higher rating is not warranted as there is no evidence of more than mild incomplete paralysis.,Prior to February 7, 2017, the Veteran's right lower extremity radiculopathy was rated at 10 percent. After February 7, 2017, it has been rated at 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of more than moderate incomplete paralysis.,The Veteran’s scars from lumbar spine surgery are currently rated at 0 percent and the claim for a compensable rating was denied.

The Veteran's back disability and associated radiculopathies of the lower extremities have been granted initial ratings, with some issues receiving separate ratings.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his claim for total disability rating based on individual unemployability (TDIU) is denied.

The Board has decided to remand the Veteran's claims for a rating in excess of 10 percent for his back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient evidence from the previous VA examination.

The Board has decided that the Veteran's claim for service connection for lumbar radiculopathy, left lower extremity (claimed as sciatica), to include as secondary to service-connected low back strain is remanded due to inadequate examination and need for a new opinion.

The Veteran's tinnitus and bilateral hearing loss are related to hazardous noise exposure during service.,The Veteran's bladder cancer is related to herbicide exposure during service.

The Veteran's claims for service connection for lumbosacral strain and radiculopathy of the bilateral lower extremities, secondary to a low back disability are denied as there is no evidence of a claim or intent to file a claim prior to March 19, 2018.

The Veteran's claims for service connection for various shoulder disorders, radiculopathy of the left leg, and arthritis of the cervical spine have been denied as there is no evidence of any in-service injury or disease that could be linked to these conditions.

The Veteran's service-connected left brachial plexus disease with radiculopathy may have worsened due to an increase in his nerve pain medication dosage. The Board has ordered a VA medical examination to assess the current severity of this condition.

The Veteran's claim for restoration of a 20 percent rating for degenerative joint disease L5-S1, disk space with traumatic arthritis L3 vertebrae, from November 30, 2009 to May 9, 2016 is granted. The initial increased rating and the rating in excess of 40 percent for right lower extremity radiculopathy are both remanded.

The Veteran's lumbar spine spondylosis and strain are rated at 10 percent, with no higher rating granted. The left lower extremity radiculopathy is rated at 20 percent from February 21, 2020, but no higher prior to that date.,The Veteran's acid reflux condition must be evaluated for service connection and an updated VA examination is required.

The Board has remanded the case for further development due to an incomplete VA Form 20-0996 and a need for an addendum opinion regarding the appellant's back disorder.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder, back disability, and bilateral lower extremity radiculopathy. The claim for tinnitus was granted as at least as likely as not related to noise exposure during service.

The Veteran's claims for increased evaluations and the propriety of a reduction in his ratings for bilateral lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Board has determined that the VA examinations and opinions provided are not sufficient to determine whether any diagnosed conditions are related to service. The Veteran's claims for service connection have been remanded to obtain additional medical opinions.

The Board has remanded the Veteran's claims for heart disability, pulmonary embolism residuals, erectile dysfunction, cervical spine disability, and upper extremity radiculopathy due to incomplete evaluations and lack of opinions on service connection.

The Veteran's PTSD is currently rated at 50 percent, and the Board has denied a higher rating.,The Veteran's IVDS in the lumbar spine is currently rated at 10 percent, and the Board has remanded for further evaluation due to inadequate examination findings.,The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, and the Board has also remanded this issue.

The Veteran's service-connected disabilities alone are not of such nature and severity as to have prevented him from securing or following any substantially gainful employment.

The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU, and there was insufficient evidence to consider an extraschedular TDIU. The Board found that the Veteran could still secure and follow substantially gainful employment despite his disabilities.