Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for higher ratings and service connection due to incomplete development of his back, knee, and radiculopathy disabilities. The pes planus claim is also being remanded.

The Veteran's initial claim for a higher rating for low back pain disability was denied, and his separate claim for left lower extremity radiculopathy was also denied. The decision is mixed as some issues were granted (service connection) while others were not (separate rating).

The Veteran's service connection claim for a right knee strain is denied. The claims for increased ratings of other specified anxiety disorder and major depressive disorder, lumbar spine degenerative disc disease with intervertebral disc syndrome (IDVS) and degenerative arthritis status post lumbar laminectomy/discectomy, and radiculopathy of the right lower extremity are all denied. The Veteran's claim for TDIU prior to July 30, 2015 is also denied.

The Veteran's claim for service connection for a sciatic disorder is dismissed as the condition is already included in the residuals of stroke granted service connection and awarded a 100 percent disability rating.,Service connection for kidney stones is denied due to lack of evidence showing that the condition began during active service or was related to an in-service injury or disease.,The Veteran's claim for an initial rating greater than 60 percent for incontinence is denied as he is already receiving the highest available rating based on his disability.,Service connection for dermatitis is denied because the Veteran does not have more than 40% of exposed areas affected, and systemic therapy is not required.,The Veteran's claim for an initial rating greater than 10 percent for seizures is granted as he meets the criteria for moderate incomplete paralysis of a nerve.,Service connection for slurred speech is denied because it does not meet the criteria for a separate disability.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities, including major depressive disorder, sleep apnea, diabetes mellitus with erectile dysfunction, right and left lower extremity diabetic sciatic neuropathy, hypertension, right ankle degenerative disease, and left foot hammertoes, are sufficient to render him unemployable. The Board has granted TDIU.

The Board has remanded the Veteran's claims for increased ratings and service connection due to errors in the May 2018 decision, including failing to seek clarification from the examiner regarding the May 2012 VA examination report.

The Board has granted service connection for lumbar spine strain, left lower extremity radiculopathy, bilateral hearing loss, and reactive airway disease with effective dates prior to January 30, 2017.,No effective date was assigned as the claims were previously denied in April 2005.

The Board has remanded the claims of bilateral median nerve paralysis or carpal tunnel syndrome and gastroesophageal reflux disease (GERD) for further development.

The Board denied an increased rating for left lower extremity radiculopathy and a TDIU based on the Veteran's service-connected disabilities. The Veteran was found to have mild symptoms of numbness and paresthesias, which did not warrant a higher rating. His combined disability rating is 30 percent, below the threshold required for TDIU.

The Board has remanded the claims for service connection due to inadequate opinions and a need for further examination. The Veteran's disabilities are related to his service-connected right foot disability, but the extent of any secondary relationship is unclear.

The Board has reopened the Veteran's service connection claim for hypertension and remanded his claims for increased evaluations of his neck and low back disabilities. The Veteran is also being asked to provide additional evidence regarding his left sciatic nerve disability.

The Veteran's claim for an initial rating in excess of 10 percent for DDD of the lumbosacral spine, with implanted neurostimulator and scar is denied. The separate rating assigned for radiculopathy of the LLE as of August 4, 2016, remains proper.

The claim for increased ratings for left and right lower extremity radiculopathy is remanded due to the need for further evaluation.

The Veteran's bilateral lower extremity radiculopathy with diabetic peripheral neuropathy was denied a higher rating as the evidence did not show it to be more than mild or moderate in severity.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment prior to June 18, 2015.

The Board has denied the Veteran's claims for service connection for cervical spondylosis, degenerative and radiculopathy with osteophyritis and back condition due to lack of new and relevant evidence.,The Board also denied the Veteran's claims for service connection for bladder cancer, coronary artery disease, and prostate cancer as there was no new and relevant evidence submitted.

The Board has remanded the Veteran's claims for additional development, including a new VA examination to assess his current disability levels and functional limitations. The issues include ratings for chronic lumbosacral strain post laminectomies with fusion due to degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy involving the sciatic nerve, residuals of a right great toe fracture, and TDIU.

The Veteran's claim for a rating of 40 percent for left lower extremity radiculopathy and TDIU from December 20, 2005 is granted. The decision also includes an earlier effective date for the TDIU.

The Board has remanded three issues related to the Veteran's lumbar spine disability and associated radiculopathy of the lower extremities due to inadequate examinations, in particular regarding functional loss during flare-ups.