Radiculopathy & sciatica decisions — 2020

The Veteran's low back disability and bilateral lower extremity radiculopathy were granted, but the rating for PTSD was denied. The Veteran also had an issue regarding service connection for a psychiatric disorder other than PTSD.

The Veteran's reduction in the rating from 20 percent for left lower extremity radiculopathy was improper, and his entitlement to restoration of a 20 percent rating is granted effective May 1, 2017.

The Board denied the Veteran's claims for service connection for low back disability, scars associated with low back disability, and left leg disability associated with low back disability due to lack of legal merit as these disabilities are not shown to be related to service.

The Veteran's cervical spine disability and PTSD with other specified depressive disorder and alcohol use disorder are granted. The Veteran is also entitled to a rating of 70 percent for his service-connected psychiatric condition, effective from the date of claim.

The Veteran's appeal has been withdrawn due to his request for a withdrawal of the appeal. The Board dismissed the case as there are no allegations of errors in the determination.

The Veteran withdrew his appeal for myofascial pain syndrome, left lower extremity radiculopathy (femoral and sciatic nerve), cervical spine disorder, and posttraumatic stress disorder. As a result, the Board dismissed these claims.

The Veteran's claims for increased ratings for his lower back disability and right lower extremity radiculopathy are being remanded due to the need for consideration of evidence from a VA examination conducted in July 2019.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cervical spine condition and its relationship to service. The claim will be returned for further review.

The Veteran's bilateral plantar fasciitis with pes equinus was not found to meet the criteria for a higher rating as it did not show marked pronation, extreme tenderness of the plantar surfaces of the feet, or marked inward displacement and severe spasm of the tendo achilles on manipulation.,The Veteran’s lumbar spine strain has not been found to meet the criteria for an increased evaluation due to lack of unfavorable ankylosis.

The Veteran's service connection claim for left lower extremity sciatica is granted, as the condition had its onset in service and there is a link between the current disability and service.

The Veteran's claims for an initial evaluation in excess of 10% for lower right sciatica extremity, service connection for a psychiatric disorder, and individual unemployability (TDIU) are being remanded due to the need for additional development.

The Board has determined that the grant of service connection for right lower extremity radiculopathy was not clearly and unmistakably erroneous, and therefore restoration of service connection is granted.

The Board has remanded the case due to a lack of VA examination and incomplete medical records. The Veteran's service-connected disabilities need to be evaluated for eligibility in acquiring specially adapted housing or special home adaptation grant.

The Veteran's appeals for increased ratings for various knee and leg conditions, as well as for service connection for several other conditions, were dismissed because the Veteran did not file a timely substantive appeal.,The Veteran also had claims to reopen denied, but these are not considered in this decision.

The Veteran's TDIU claim prior to October 15, 2015 is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran seeks service connection for arthritis, right lower extremity radiculopathy, and migraine headaches. The Board finds that a VA examination is necessary before deciding the claim for service connection of migraine headaches.,VA will provide a medical examination or obtain a medical opinion if the evidence indicates the existence of a current disability or persistent or recurrent symptoms of a disability that may be associated with an event, injury, or disease in service.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and bilateral lower extremity radiculopathy, finding that there was no direct or presumptive evidence linking these conditions to his military service. The Board also found that the Veteran did not meet the criteria for secondary service connection as his radiculopathy is not related to his service-connected lumbar spine disorder.

The Board has granted service connection for a back disability and left lower extremity radiculopathy, finding that the Veteran's conditions are related to his in-service injuries. The decision is based on evidence showing progression of pre-existing conditions exacerbated by military service.

The Veteran's right and left lower extremity radiculopathy have been granted increased disability ratings of 10 percent each.,The Veteran is also seeking TDIU based on her service-connected disabilities.

The Veteran's lumbar spine disorder is rated at 20% from July 15, 2014 to August 16, 2018 and at 40% on and after August 17, 2018. The Board has found that the criteria for a higher evaluation are not met during this period. Separate evaluations for right and left lower extremity radiculopathy are also remanded as there is insufficient information in the file to rate these conditions.