Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for service connection due to incomplete records and further development is needed.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus the Board has granted TDIU.

The Veteran's claims for service connection have been denied, and the effective date for the current ratings remains April 26, 2016.

The Veteran's radiculopathy of the left upper extremity was granted service connection effective March 31, 2015. The Board determined that the earliest date for which he is entitled to service connection is July 31, 2014.

The Veteran's claim for VR&E services to pursue a bachelor's degree in nursing is remanded due to pre-decisional errors and the need for further evaluation by a VRC considering his service-connected disabilities.

The Veteran's GERD is rated at 30 percent, effective May 14, 2020. The rating for left lower extremity radiculopathy has been restored to 20 percent, and the rating for right lower extremity radiculopathy has also been restored to 10 percent.

The Veteran's appeals for increased evaluations for radiculopathy of the left lower extremity and DDD and arthritis, IVDS, and status post lumbar fusion were denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Veteran's appeal is remanded for further development regarding his cervical spine disability, right and left upper extremity radiculopathy, diabetes mellitus (secondary), and aid and attendance.,The Veteran's service-connected disabilities are not rated higher than the current levels.

The Veteran contends that his current psychiatric disorder, including depression and anxiety, is related to service. The Board finds evidence has been submitted which supports that the Veteran’s sleep apnea may have had its onset during service.,The Veteran also contends that he has insomnia, a back disorder, sciatic nerve pain, right knee disorder, and left knee disorder all related to service. He was exposed to contaminated drinking water at Camp Lejeune.

The Veteran's PTSD, cervical spine disability, left foot disability, and other service-connected conditions are all rated at the highest possible level (70%), but his claims for low back disability, radiculopathy of the right leg, bilateral hearing loss, carpal tunnel syndromes, and elbow/thumb disabilities have been denied.

The Veteran's obstructive sleep apnea is rated at 50 percent, the maximum rating available under Diagnostic Code 6847.,The Veteran's radiculopathy of the left upper extremity is rated at 30 percent and the Board finds no evidence to warrant a higher rating.,The Veteran's radiculopathy of the right upper extremity is rated at 40 percent and the Board finds no evidence to warrant a higher rating.

The Board has remanded the claims for service connection due to a failure to comply with VA's duty to assist in obtaining all relevant records, including those from the Veteran's Reserve service and Social Security Administration.

The Board has remanded the case for further action on earlier effective date claims related to service connection for various spinal and lower extremity conditions.

The Veteran's claims for increased ratings and service connection have been denied. The Board dismissed the claim of service connection for migraines, as it was granted in a prior decision.,For the left upper extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent before August 8, 2019 and 30 percent thereafter. For the right upper extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent throughout the appeal period.,For the left lower extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent before August 8, 2019 and 20 percent thereafter. For the right lower extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent throughout the appeal period.,For the cervical spine disability, the Veteran is not entitled to a rating higher than 20 percent before August 8, 2019 and 30 percent thereafter. For the lumbar degenerative disc disease (DDD), the Veteran is not entitled to a rating higher than 20 percent throughout the appeal period.

The Veteran's right lower extremity radiculopathy, as well as his bilateral hip arthritis, are granted an initial disability rating of 40 percent each. However, service connection for these conditions is denied due to lack of a causal relationship with the service-connected lumbar spine disabilities.

The Board has granted service connection for a right arm condition, including right upper extremity cervical radiculopathy. The Veteran's symptoms were noted in service and have continued since then.

The Veteran's TDIU claim is granted from April 4, 2012, to April 5, 2012, and from July 1, 2012, to October 19, 2013. The Board found that the service-connected disabilities rendered him unemployable during these periods.

The Board denied the Veteran's claims for service connection for bilateral knee disability, IBS, and bilateral lower extremity sciatica. The claim for hypertension was remanded.

The Veteran's lumbar spine disability is rated at 10 percent prior to December 20, 2018 and at 20 percent thereafter. The effective date for the separate award of LLE radiculopathy has been granted from July 19, 2018.,The Veteran's left knee DJD and right knee DJD are both rated at 10 percent.

The Veteran's claim for an initial disability rating in excess of 70 percent, but no higher, for PTSD prior to May 18, 2012 is granted. The Veteran's PTSD symptoms have caused occupational and social impairment with deficiencies in most areas.