Radiculopathy & sciatica decisions — 2020

For the initial rating period from June 16, 2009 to February 24, 2016, a higher initial disability rating of 20 percent for the left shoulder disability is granted.,For the initial rating period from February 24, 2016 forward, a higher initial disability rating in excess of 20 percent for the left shoulder disability is denied.,For the initial rating period from June 16, 2009 to December 7, 2017, a higher initial disability rating in excess of 10 percent for the right ankle disability is denied.,For the initial rating period from December 7, 2017 forward, a higher initial disability rating of 40 percent for the right lower extremity radiculopathy is granted.

The Veteran's tinnitus is granted as service-connected.,Hypercholesterolemia is not service-connected.,Erectile dysfunction, hypertension, headaches, neuropathy of the bilateral upper extremities, lumbar radiculopathy of the bilateral lower extremities, left shoulder disability, and right shoulder disability are all remanded for further development.,The Veteran's tinnitus began during his military service. Service connection is granted.,Hypercholesterolemia is not a disability that can be awarded by VA.,Erectile dysfunction, hypertension, headaches, neuropathy of the bilateral upper extremities, lumbar radiculopathy of the bilateral lower extremities, left shoulder disability, and right shoulder disability are all remanded for further development. The Veteran's service connection claims will need to be re-evaluated based on new evidence or clarification.,The VA examiner found that the Veteran’s left shoulder disability is less likely than not caused by his military service due to lack of medical records supporting a chronic condition during service, and right shoulder disability was deferred as the Veteran had not been released from his orthopedic surgeon at the time of examination. The claims are remanded for further development.,The VA examiner found that the Veteran’s left shoulder disability is less likely than not caused by his military service due to lack of medical records supporting a chronic condition during service, and right shoulder disability was deferred as the Veteran had not been released from his orthopedic surgeon at the time of examination. The claims are remanded for further development.

The Board has found that remand is necessary to fully assist the Veteran with his claims, including obtaining SSA records and private medical records. The Veteran's right lower extremity radiculopathy associated with lumbar degenerative disk disease claim will be considered after these issues are resolved.

The Veteran's intervertebral disc syndrome (IVDS) is rated at 20 percent, effective March 13, 2014. Separate ratings of 20 percent for radiculopathy of the left lower extremity are granted since May 1, 2015. An initial rating of 20 percent for radiculopathy of the right lower extremity is granted since February 4, 2014. A 40 percent rating for radiculopathy of the right lower extremity is granted since October 23, 2018. The effective date for a total disability evaluation based on individual unemployability (TDIU) on a schedular basis is set at March 13, 2014.

The Veteran's service-connected disabilities, including cervical and lumbar spine conditions, pes planus, radiculopathies of the upper and lower extremities, and left ankle sprain, are found to preclude her from securing or maintaining substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's bilateral lower extremity radiculopathy is rated at 40 percent since April 5, 2017. Ratings in excess of 40 percent are denied for both the right and left lower extremities.

The Board has granted effective dates for service connection of degenerative arthritis of the spine and left lower extremity radiculopathy, but has remanded for further development regarding earlier effective date claims for other conditions.

The Board denied the Veteran's claims for service connection for a chronic low back condition and bilateral lower extremity radiculopathy, finding that there was clear and unmistakable evidence that his pre-existing low back condition existed prior to service and was not aggravated during service.

The Board has granted an earlier effective date of December 11, 2008 for the award of separate 10 percent ratings for radiculopathy of the right and left lower extremities associated with the Veteran's service-connected low back disability.

The Board has decided to remand the Veteran's claim for service connection for low back disability, as there are insufficient medical opinions and missing records that need to be obtained.

The Veteran's service-connected thoracolumbar spine disability and associated radiculopathy are being remanded for further evaluation due to worsening symptoms and surgical procedures.

The Veteran's TDIU claim is granted prior to July 12, 2019. The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment.

The Board has remanded the Veteran's claims for increased ratings for intervertebral disc disease and right lower extremity radiculopathy due to a lack of VA examinations, potential worsening of symptoms since the last examination in October 2012, and other reasons.

Service connection for memory loss is denied. A rating of 50 percent, but no higher, for depression is granted effective August 20, 2012. The claims for increased ratings for left hip osteoarthritis with limited extension, left knee chondromalacia, radiculopathy and peripheral neuropathy of the bilateral lower extremities are denied as a matter of law.

The Board has remanded the cases for further development due to lack of substantial compliance with previous remand directives and failure to schedule VA examinations.

The Board has denied service connection for a right shoulder disorder and a left knee disorder other than radiculopathy, finding that the Veteran does not have these conditions due to service or within one year of discharge.

The Veteran's claims for increased ratings for lumbosacral degenerative disease with radiculopathy and intervertebral disc syndrome (IVDS) were denied. The Veteran was not granted a rating in excess of the current assigned ratings.

The Veteran's spinal stenosis with lumbar fusion is rated at 20 percent prior to August 21, 2014 and denied for higher ratings thereafter.,The Veteran's spinal stenosis with lumbar fusion is rated at 40 percent effective May 31, 2019 and denied for higher ratings.,The Veteran's right lower extremity radiculopathy associated with spinal stenosis with lumbar fusion is rated at 40 percent and denied for higher ratings.,The Veteran's left lower extremity radiculopathy associated with spinal stenosis with lumbar fusion is rated at 40 percent and denied for higher ratings.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and further development is required.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to his withdrawal of the appeal.,The Veteran's claims for service connection for hypertension, left hip disorder, right hip disorder, gastrointestinal disorder, right knee disorder, and left knee disorder are remanded.