Radiculopathy & sciatica decisions — 2020

The Board has remanded the claims of service connection for left and right leg sciatica, as well as an initial compensable evaluation for a scar on the right distal forearm. These issues are being returned to the AOJ for further development.

The Veteran's post-operative right inguinal hernia has not been shown to be recurrent. The most probative evidence of record reflects that for the period on appeal the Veteran has been shown to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.,The Veteran is already in receipt of a separate 10 percent rating under Diagnostic Code 7802 for his residual, scar post-operative right inguinal hernia. A higher rating under Diagnostic Code 7802 is not warranted.,The Veteran's combined evaluation exceeded 40 percent from March 23, 2007, and he meets the schedular requirements for entitlement to a TDIU.

The Veteran's service-connected lumbar spine disability and associated radiculopathy prevented him from maintaining gainful employment as of May 23, 2013. The Board granted an effective date of May 23, 2013 for the award of a total disability based on individual unemployability (TDIU).

The Board has decided to remand the Veteran's claim for a VA examination and further development due to insufficient evidence on file.

The Veteran's right chronic anterior talofibular ligament injury is granted a 20 percent rating, but no higher. The Veteran also receives a TDIU due to service-connected disabilities.

The Board has determined that the Veteran's left lower extremity radiculopathy is related to his service-connected lumbar spine strain with degenerative changes, and thus grants service connection for this condition.

The Board has remanded the claims for service connection for various conditions including low back disorder, left knee disorder, right knee disorder, lower extremity radiculopathy, circulatory disorder, gastric disorder (including GERD), acquired psychiatric disorder, psoriatic arthritis, and liver disorder due to incomplete development.

The Board denied service connection for right lower extremity sciatica or nerve damage, left lower extremity sciatica or nerve damage, low back disability, right foot disability, and left foot disability. The claim of entitlement to service connection for an acquired psychiatric disorder was also denied.,Service connection was not granted as the evidence did not show a current disability at any point during or in proximity to the appeal period.

The Veteran's left ear hearing loss and bilateral tinnitus were not related to service, as there was no evidence of in-service noise exposure or continuity of symptoms.,PTSD was denied due to lack of credible supporting evidence for the claimed stressors. Sleep apnea was denied because there is no evidence of a current disability that began during service.,Low back disorder and right-sided sciatica were not related to service, as there are no records indicating an in-service injury or chronic symptoms after separation.,Right ankle disorder was also not related to service, with the absence of any documented injuries or relevant symptoms.

The Board has restored the reduced ratings for left and right lower extremity sciatic nerve radiculopathy, but has remanded other claims including evaluations for ankle fracture, lumbar spine condition, knee conditions, and TDIU.

The Veteran's service-connected right leg sciatica is rated at 40 percent effective from August 6, 2019. The Board finds that the disability meets the schedular requirements for a TDIU due to his severe and ongoing service-connected disabilities.

The Board has remanded the case to the Director, Compensation Service for consideration of whether the Veteran is entitled to TDIU on an extraschedular basis due to his service-connected disabilities.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his current back condition and lower extremity disabilities are related to his military service.

The Veteran's claim for service connection for lumbar radiculopathy is denied as there is no confirmed diagnosis of the condition during the appeal period.

The Board denied an evaluation in excess of 40 percent for service-connected lumbar spine disability, but remanded the issues regarding left and right lower extremity radiculopathy.,The Veteran's lumbar spine disability is rated at the highest available rating based on limitation of motion. The issue remains on appeal.

The Veteran's claims for bowel disorder, radiculopathy of the right sciatic nerve, lumbar IVDS, and PTSD with anxiety, adjustment disorder, and depression have all been denied.,The case is also remanded to address the issue of entitlement to service connection for erectile dysfunction (ED) and urinary incontinence.

The Veteran's claims for higher disability ratings and earlier effective dates for radiculopathy of the femoral nerve, right and left lower extremities were denied.,An effective date prior to August 1, 2017, was not granted for service connection of radiculopathy of the femoral nerve, right and left lower extremities.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and the need for additional medical opinions. The issues include low back sprain, neck sprain, hypertension (secondary to unspecified trauma and stressor related disorder), sciatic nerve damage, and pleurisy.

The Veteran's cervical spine disability is rated at 20 percent, and his psychiatric disorder prior to January 25, 2018, does not warrant a higher rating.

The Veteran's claims for increased ratings for his sciatic nerve neuropathy and service connection for restless leg syndrome are remanded. His claim for a total disability rating based on individual unemployability is also remanded.