Radiculopathy & sciatica decisions — 2020

The Veteran's radiculopathy of the left lower extremity is granted a 20% rating from August 1, 2015. An effective date of August 1, 2015 for TDIU on a schedular basis is also granted.

The Board denied the Veteran's claim of service connection for a right leg disability, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's claims are being remanded due to the need for additional examinations and evidence collection. Specifically, a new VA examination is required for his left knee disability, cervical radiculopathy of both upper extremities, back condition, right ankle sprain, and left ankle sprain.

The Veteran's claims for service connection for fibrocystic breast, acne, acrochordon, anemia, and left leg sciatica have all been denied as there is no current disability associated with these conditions.

The Board has remanded the case for further examination and rating considerations due to a lack of recent medical evidence. The Veteran's claims for earlier effective dates and increased ratings are pending.

The Veteran's back condition is rated at 40 percent, effective October 1, 2012. The rating for radiculopathy in the right lower extremity is also granted at 20 percent. However, a higher rating of 40 percent for left lower extremity radiculopathy is not warranted.

The Veteran's left leg disability, specifically his service-connected left lower sciatic radiculopathy, is being remanded for a new VA examination to assess the current severity of his condition.

Effective August 21, 2013, a rating of 40 percent for radiculopathy of the right lower extremity is granted.,From August 21, 2013 to November 17, 2019, a rating of 20 percent for chronic back strain and DJD is granted. A rating in excess of 20 percent for this condition is denied.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as he has maintained employment throughout the appeal period.

The Board has determined that the Veteran's cause of death was due to his service-connected conditions, specifically his prescribed high-dose opioid pain medications and benzodiazepine.

The Veteran's service-connected lumbar spine disability is granted as secondary to his right ankle condition. His bilateral hearing loss claim is denied, and he receives a 50% rating for adjustment disorder with depressed mood effective September 1, 2015. The restoration of the 20% rating for post-traumatic arthritis of the right ankle from September 1, 2015 is granted. Other claims are remanded.

The Board has granted a TDIU from July 17, 2018. The Veteran's service-connected disabilities have rendered him unemployable since that date. The case is remanded for additional development regarding increased ratings and prior to July 17, 2018.

The Veteran's initial increased rating for Major Depressive Disorder prior to April 26, 2016 was granted. An increased rating of 70 percent for Major Depressive Disorder beginning April 26, 2016 was denied. The Veteran received an initial compensable rating (10%) for Left Lumbar Radiculopathy and a 40% rating for his Lumbar Strain Disability starting March 2, 2006. Other issues were remanded.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected disabilities, as there is insufficient evidence of current symptomatology and functional impairment.

The Veteran's left upper extremity radiculopathy is currently rated at 30 percent, which the Board finds not sufficient to reflect his current severity.,Prior to September 17, 2019, the Veteran's right upper extremity radiculopathy was rated at 20 percent. After that date, it has been rated at 40 percent.

The Veteran's right shoulder strain with impingement is granted a rating of 20 percent from December 11, 2012. Other service-connected conditions are denied increased ratings.

The Veteran's claim for a higher rating for PTSD was denied, and his claim for TDIU was also denied. The Board found that the Veteran’s PTSD more nearly approximated occupational and social impairment with reduced reliability and productivity but did not meet the criteria for a 70% or higher disability rating.

The Veteran's bilateral lower extremity radiculopathy with nerve impairment is granted effective June 30, 2016.,The Veteran's bilateral lower extremity radiculopathy with nerve impairment is granted effective June 30, 2016.

The Veteran's low back condition is rated at 20 percent, effective September 1998.,The Veteran's left leg radiculopathy with sciatic nerve involvement is rated at 40 percent, effective July 7, 2017.

The Veteran's DPN of the sciatic nerve and femoral nerve in both lower extremities have been rated at 20 percent since February 2, 2010. The Board denied higher ratings for these conditions.