Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for service connection and rating of his lower extremity radiculopathy, as well as his eligibility for financial assistance. The Veteran is to be scheduled for VA examinations to assess the severity of his disabilities and their impact on his daily activities.

The Veteran's lumbar spine degenerative disc disease is rated at 40 percent effective June 11, 2019. The left and right lower extremity sciatic radiculopathy are each rated at 20 percent effective June 11, 2019.

The Veteran's service-connected degenerative arthritis, lumbar spine, L1, L5-S1 and associated radiculopathy of the left and right lower extremities are remanded for further examination.,The Veteran's mid-back disability (previously claimed as left shoulder pain) is also remanded for further examination to determine its relationship to her service-connected low back disability.

The Veteran's claim for service connection for erectile dysfunction (ED) is denied as the condition was not shown to be related to his service or any service-connected disabilities.,The Veteran's claim for service connection for left lower extremity radiculopathy is denied as there is no evidence of current disability during the pendency of the claims and the VA examination did not find any evidence of such disability.,The Veteran's claim for service connection for a heart disability (to include coronary artery disease (CAD)) is denied as chronic cardiovascular disease was not shown to have been manifested in service or within one year following separation from service.

The Board has vacated the February 2020 decision addressing TDIU on an extraschedular basis for the period prior to February 12, 2018 and remanded the issue of increased disability rating for left lower extremity radiculopathy.

The Veteran's claims for earlier effective dates for service connection and increased rating were denied.,For the lumbar spine degenerative joint disease and associated left lower extremity radiculopathy, an effective date of February 6, 2017 was granted.

The Board has determined that the Veteran's claims for service connection related to irritation of the sciatic nerve, calcium deposit on the sciatic nerve causing right leg and hip pain, right hip disability, and lumbar spine disability are not properly before it due to a lack of competent medical evidence associating these conditions with his active duty military service or another service-connected disability.

The Board has granted a TDIU effective May 31, 2017, finding that the Veteran's service-connected disabilities prevented him from securing or following gainful employment.

The Veteran's service-connected lower extremity conditions are being remanded for a new VA examination to assess the current severity of his disabilities and their impact on his ability to use his feet.

The Board has remanded the Veteran's claims due to new, relevant Social Security Administration (SSA) records being added to his case file. The AOJ is required to review these records and readjudicate the claims.

The Veteran's service-connected sciatica of the right lower extremity is currently rated at 20 percent, and her lumbosacral spine disability prior to February 22, 2020, and thereafter, is rated at 40 percent.,The preponderance of evidence does not support a higher rating for either condition.

The Veteran's service-connected left leg radiculopathy is evaluated at a 40 percent rating for the period on appeal, which corresponds to moderately severe incomplete paralysis of the sciatic nerve.

The Board has granted service connection for OSA, but the issues of PTSD and fatty organs are remanded due to incomplete records and need further investigation.

The Veteran's appeal has been withdrawn, thus the claims for service connection and evaluation of a left kidney cyst are dismissed.

The Veteran's cervical spine, bilateral upper extremity neurological disorders, and bilateral foot disabilities are remanded for further development. Her respiratory disability is also remanded.

The Veteran's claims for higher ratings and TDIU are being remanded due to the need for updated medical records and a more current VA examination.

The Board has remanded the claims for service connection for sleep apnea, hearing loss, and lower nerve pain radiculopathy due to new evidence submitted by the Veteran. The claims are being returned for further development.

The Veteran's initial evaluation for left upper extremity radiculopathy was granted at a 10 percent rating prior to February 7, 2013. From that date forward, the Veteran is not entitled to an increased evaluation.,For cervical spine degenerative disc disease, the Veteran is denied any increase in his disability rating from March 26, 2014 and until September 15, 2016. A remand was ordered for a determination on whether he should be assigned a higher rating after that date.,The Veteran's cervical spine degenerative disc disease with limitation of motion is currently rated at 30 percent from September 16, 2016 and the Board has ordered a remand to determine if a higher evaluation is warranted.

The Veteran's claims for a rating in excess of 10 percent for lumbar spine spondylolisthesis, service connection for radiculopathy of the sciatic nerve, right lower extremity (RLE), migraine headaches, and thoracic spine disorder were denied. The Board found no evidence to support these claims.

The Veteran's claim for higher ratings for his lumbar spine disability and bilateral lower extremity radiculopathy was denied. He is currently assigned a combined 100 percent schedular rating, but the issue of entitlement to TDIU is moot.