Radiculopathy & sciatica decisions — 2020

The Board has granted service connection for migraine headaches. The claims for right and left lower extremity radiculopathy are remanded due to insufficient evidence.

The Veteran's service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment prior to April 11, 2016.

The Veteran's lumbar strain with impingement of the L3-L4 dermatomes and DDD, along with left and right lower extremity radiculopathy, are granted at a 20 percent rating from August 15, 2005, to September 18, 2016, for lumbar strain with impingement of the L3-L4 dermatomes and DDD. The Veteran's left lower extremity radiculopathy is granted at a 20 percent rating since October 23, 2012, and right lower extremity radiculopathy is granted at a 20 percent rating since August 15, 2005. A TDIU is granted from August 15, 2005, to February 27, 2013.

The Veteran's PTSD symptoms and overall impairment more nearly approximated deficiencies in most areas, but not total occupational and social impairments. The Board granted a higher initial rating of 70 percent for PTSD and granted TDIU due to the combined effect of service-connected disabilities.

The Veteran's initial rating for degenerative arthritis of the spine is granted at 40 percent, effective January 15, 2015. The Veteran's left lower extremity radiculopathy associated with his service-connected degenerative arthritis of the spine from August 16, 2018 to May 7, 2019 is denied as it does not warrant a rating in excess of 10 percent.

The Board has remanded the Veteran's appeal for further development and consideration, including obtaining additional records related to his in-service assault on a Military Policeman. The issues of service connection and TDIU are also being addressed as they are interrelated with the threshold matter concerning the character of discharge.

The Veteran withdrew his claims for increased ratings in several service-connected conditions, and the Board has remanded for further examination of his bilateral knee disabilities and pulmonary sarcoidosis.

The Board has remanded the case for further development due to incomplete compliance with previous remand directives and a need for a more contemporaneous examination of the Veteran's right foot disability. Additionally, a TDIU claim is also being remanded.

The Board denied the Veteran's claims for earlier effective dates and initial ratings higher than 20 percent for radiculopathy in his lower extremities. The Board found that an earlier effective date was not available due to lack of evidence showing radiculopathy prior to the assigned effective date, and denied the claim for a higher rating based on the current level of disability.

The Veteran's claims for increased ratings for his right hip, left knee torn anterior cruciate ligament, left knee degenerative joint disease with painful motion, and radiculopathy of the lower extremities have been denied. The Veteran is not entitled to a higher rating for any of these conditions.

The Board has remanded the case due to insufficient evidence regarding whether any cervical spine disability present during the appeals period is related to service, including the Veteran's neck pain complaints noted in 2008. A new VA examination is needed to address these issues.

The Board has granted service connection for the Veteran's cervical spine disability and its associated radiculopathy of the upper and lower extremities. The decision is based on a finding that the Veteran's current conditions are related to his in-service parachute jumping duties.

The Veteran's appeal for higher ratings for his back disability is dismissed. An initial rating of 20 percent, but no higher, for left lower extremity radiculopathy is granted. The appeal for an initial rating greater than 20 percent for right lower extremity radiculopathy is denied. A TDIU from September 13, 2019 is remanded.

The Board has remanded the case for a new VA examination to determine the nature and etiology of the Veteran's left upper extremity disorder, including radiculopathy and carpal tunnel syndrome. The examiner is asked to address whether these conditions are related to active service or otherwise caused by his service-connected cervical spine strain.

The Veteran's TDIU claim is granted, and his increased rating for lumbar spine disorder is remanded.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected left lower extremity sciatic nerve impairment. The issues of TDIU and SMC based on need for aid and attendance are also deferred due to their inextricably intertwined nature with the higher rating claim.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for new VA examinations to assess the current severity of his service-connected disabilities.

The Veteran's lumbosacral strain with degenerative joint/disc disease and left lower radiculopathy are rated at 40 percent, effective from July 18, 2013.

The Veteran's LLE RSD/radiculopathy caused severe incomplete paralysis of the sciatic nerve with muscle atrophy since February 2, 2012. The Board granted an initial rating of 60 percent for this condition.

The Veteran's claims for an increased rating and service connection for radiculopathy of the right lower extremity as secondary to his service-connected low back disability were both denied. The Board found that the evidence did not support a higher rating for the lumbar spine disability, but also noted that there was no evidence of incapacitating episodes of disc disease.