Radiculopathy & sciatica decisions — 2020

The Board has remanded the issues of rating DDD of the lumbar spine, left and right lower radiculopathy, left patellofemoral syndrome (knee condition), right patellofemoral syndrome status post ACL reconstruction using hamstring autograft and lysis and resection of adhesions without manipulation, and pitted keratolysis for further development. The issues on appeal are related to the merits of service connection.

The Board has remanded the cases for additional development to determine if any left lower extremity disability is caused or aggravated by service-connected mechanical low back pain with degenerative disc disease and soft tissue trauma.

The Veteran was granted service connection for dizziness as secondary to medication taken for his service-connected degenerative disc disease.,An effective date of August 1, 2013, is assigned for the increased rating of 20 percent for left lower extremity lumbar radiculopathy.

The Veteran's claims for increased ratings for lumbar stenosis with degenerative arthritis and right lower extremity radiculopathy, sciatic nerve are being remanded due to the need for additional examinations and a retrospective medical opinion.

The Board has determined that additional development is needed to obtain outstanding relevant records and ensure the AOJ substantially complies with prior remand directives. The claims for increased rating of radiculopathy and TDIU are being remanded.

The Veteran's application to reopen the claim for service connection for a left ankle disorder was denied as no new and material evidence had been received.,Service connection for sleep apnea was denied because there is no evidence of an in-service injury or a nexus between current sleep apnea and service.

The Board has granted service connection for right lower extremity radiculopathy, but has remanded the issue of cervical spine disability due to insufficient evidence.

The Board has remanded the claim for a TDIU due to service-connected disabilities, as there was insufficient information provided by the RO when making the initial decision. The Veteran's employment prior to stopping work is also to be considered.

The Board has granted service connection for the Veteran's low back disability with left lower extremity radiculopathy, finding that his current condition is more likely than not caused by an in-service injury.

The Board has granted service connection for left foot hallux valgus, hammertoes, plantar fasciitis, and arthritis, GERD, and left upper extremity cervical radiculopathy and cervico-trapezial myofascitis. The right upper extremity disability is also granted as secondary to the service-connected cervical strain with degenerative arthritis.

The Board denied the Veteran's claims of service connection for various conditions, including a spinal disorder, bilateral lower extremity radiculopathy, bilateral hearing loss, tinnitus, an acquired psychiatric disorder, and a respiratory disability. The decision found that there was no evidence linking these conditions to his military service.

The Board has granted a TDIU rating effective from April 22, 2009, due to the Veteran's service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's claims for increased ratings for his service-connected lumbar spine disorder and radiculopathy have been denied. The RO found that the Veteran did not meet the criteria for higher disability ratings at any point during the appeal period.,Specifically, the Veteran’s back condition was rated as 20 percent prior to March 14, 2016, and then as 40 percent from July 1, 2016. The left lower extremity radiculopathy was rated as non-compensable (0%) from March 14, 2016 to April 17, 2017, and as moderately severe thereafter. The right lower extremity radiculopathy was also rated as non-compensable until April 18, 2017, when it was rated as moderately severe.

The Veteran's service-connected disabilities have not been properly evaluated, and further examinations are needed to determine the current severity of his knee conditions, radiculopathy, and hypertension.

The Veteran's claims for increased ratings for his service-connected right shoulder, left shoulder, and right knee DJD conditions have been denied. The Veteran's lumbar and thoracic spine condition has also been denied.

The Board has determined that the Veteran needs to be reexamined for his lumbar spine degenerative arthritis and bilateral lower extremity radiculopathy, as well as an additional VA etiology opinion for his obstructive sleep apnea. The claims of service connection for bilateral pes planus, small Haglund deformities, and hammer toes are also remanded.

The Board has determined that the Veteran's service-connected disabilities render him in need of regular aid and assistance, thus granting special monthly compensation based on the need for aid and attendance.

The Board has granted service connection for obstructive sleep apnea, which is secondary to the Veteran's service-connected major depressive disorder, lumbar strain, left knee strain and radiculopathy of the right and left lower extremities.

The Veteran's lumbar spine stenosis is granted as secondary to his service-connected left hip Legg-Perthes disease.,His left lower extremity neurological impairment (sciatica) and right lower extremity neurological impairment (sciatica) are both granted as secondary to his lumbar spine disability.,His right hip necrosis is granted as secondary to his service-connected left hip Legg-Perthes disease.,The Veteran's chronic fatigue syndrome, hypertension, left shoulder disability, and right shoulder disability were all denied.

The Veteran's TDIU was granted effective November 21, 2014. His RLE radiculopathy of the sciatic nerve is rated at 20 percent since that date.