Radiculopathy & sciatica decisions — 2020

The Veteran's TDIU claim prior to June 24, 2010 is being remanded for the VA Director of Compensation Service to consider if an extraschedular rating should be assigned.

The Veteran's claim for restoration of the 40 percent rating for lower left extremity radiculopathy is granted, effective September 4, 2018. The issue regarding an initial rating in excess of 10 percent for lower right extremity radiculopathy from October 13, 2017 to June 27, 2018 is remanded.

The Board has granted service connection for right upper extremity radiculopathy and left upper extremity radiculopathy, but denied service connection for bilateral lower extremity radiculopathy.

The Veteran's initial rating for ischemic heart disease is granted at a 10 percent level. The Veteran's TBI with migraine headaches is also granted, but only at the noncompensable (zero percent) level. Other service-connected disabilities are remanded.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including evaluations for lumbar spine and right thumb conditions, a compensable evaluation for a right thumb disability, and service connection for gluten intolerance and bilateral knee disabilities. The remand requires additional examinations and opinions regarding these issues.

The Board has remanded the case due to non-compliance with previous instructions and additional development is needed, including a retrospective medical opinion addressing the Veteran's service-connected disabilities' impact on his employability.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional medical examinations and assessments.

The Veteran's peripheral neuropathy of the lower left extremity (sciatic nerve) associated with degenerative joint disease of the lumbar spine is granted a 20 percent disability rating, effective from July 2019. The Veteran's degenerative joint disease of the lumbar spine remains at a 20 percent disability rating.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected radiculopathy of the right and left lower extremities due to new evidence received since the March 2018 Statement of the Case.

The Board has decided to remand the Veteran's claims for increased ratings and service connection due to inadequate examinations in March 2018. The Veteran needs further VA examinations to assess his lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's claims for increased ratings for lumbar spine degenerative disease and associated radiculopathies have been denied as the evidence does not show that his conditions meet or approximate the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's radiculopathy of the right lower extremity was initially rated at 10 percent prior to February 7, 2020. Beginning on that date, his disability rating for this condition was increased to 20 percent.

The Veteran's PTSD has been granted with an initial rating of 70 percent, effective January 31, 2018. The other conditions have not received a higher rating.

The Board has remanded the claims for service connection due to inadequate examination reports and incomplete review of the record. The Veteran's low back disability and bilateral piriformis syndrome with sacroiliac dysfunction and sciatica are being reviewed again by a different examiner.

The Board has found that new and material evidence has been received to reopen the claims for service connection for headaches, chronic fatigue, sinusitis, a lumbar spine disability, and right lower extremity radiculopathy. However, the preponderance of the evidence is against finding that these conditions were incurred in or are otherwise related to service.

The Board has determined that the reduction of ratings for right and left lower extremity sciatic neuropathy from 20 percent to 10 percent was improper, and has restored the original 20 percent ratings. The issues of increased ratings for lumbosacral spine disability and bilateral sciatic neuropathy are remanded due to lack of recent VA examination records.

The Board has reopened the service connection claim for a low back disorder due to new and material evidence. However, the issue of whether the lumbar spine disability is related to active service remains pending as the case is remanded for further examination.

The Veteran's right lumbar radiculopathy is remanded for a new VA examination to assess the current severity of his disability. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claim.

The Veteran's sciatic radiculopathy and IVDS were rated based on their current severity, with the highest rating granted for LLE sciatic radiculopathy from October 30, 2014. The Veteran was also granted TDIU for a period of time.

The Board has granted the Veteran's claim for service connection for right lower extremity sciatica as secondary to his now service-connected lumbar spine disability.