Radiculopathy & sciatica decisions — 2020

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate development. The VA must obtain updated treatment records, conduct examinations of the Veteran’s disabilities, and readjudicate the claims.

The Veteran's degenerative joint disease of the lumbar spine with IVDS and radiculopathy of the sciatic nerve, right lower extremity are currently rated at 20 percent and 10 percent respectively. The Board has found that there is insufficient evidence to support a higher rating for either condition.,The Veteran's degenerative joint disease of the lumbar spine with IVDS and radiculopathy of the sciatic nerve, right lower extremity are currently rated at 20 percent and 10 percent respectively. The Board has found that there is insufficient evidence to support a higher rating for either condition.

The Veteran's service-connected obstructive sleep apnea has not resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, and does not require a tracheostomy. Therefore, an initial disability rating in excess of 50 percent for this condition is denied.,The Veteran’s service-connected low back disability has not manifested in forward flexion limited to 30 degrees or less, ankylosis (favorable or unfavorable) of the thoracolumbar spine, or incapacitating episodes. Therefore, an initial disability rating in excess of 20 percent for this condition is denied.,The Veteran’s service-connected right leg radiculopathy has most closely approximated moderate incomplete paralysis of the sciatic nerve. Therefore, an initial disability rating in excess of 20 percent for this condition is denied.

The Board dismissed the Veteran's claim for service connection for sciatica of the left lower extremity as she withdrew her appeal prior to a decision being made.

The Board has remanded the cases for further development and consideration, including obtaining a VA opinion on the nature and etiology of the Veteran's headaches and for a VA medical examination to determine the severity of his lumbar degenerative facet joint disease.

The Veteran's OSA was not incurred during service, and his lumbar spine disability is rated at 40 percent disabling. The Board granted a rating of 20 percent for LLE radiculopathy from May 31, 2018 onwards and denied ratings in excess of 40 percent. For RLE radiculopathy, the Veteran received a 10 percent rating prior to December 18, 2012, and a 20 percent rating thereafter.

The Board's decision was vacated due to a failure to fully comply with the Veteran's FOIA request for copies of prior VA examinations.

The Veteran's petition to reopen claims for service connection for various conditions were denied, and the rating for his lumbosacral strain and intervertebral disc syndrome was also denied.

The Veteran's right and left lower extremity radiculopathy are granted with initial ratings of 40 percent, but not higher. The back disability is remanded for additional development.

The Board has remanded the issues of service connection for a neck disability and assignment of higher ratings for the Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's appeal for a higher rating for his service-connected lumbar spine disability was denied. He is currently receiving the maximum benefits allowed under applicable statutes and regulations.,A separate 10 percent rating has been granted for right lower extremity radiculopathy (sciatic nerve) associated with his service-connected lumbar spine disability.

The Veteran is found eligible for a TDIU beginning October 1, 2009. The Board also remanded the cases for further examination and consideration of SMC based on need for aid and attendance or loss of use.

The Veteran's service-connected left and right lower extremity radiculopathy, as well as his back disability, are all granted with a 20% rating. The Veteran is also granted TDIU from September 19, 2018.

The Board has remanded the case for a VA examination to assess the current severity of the Veteran's hypertension.

The Veteran's initial and subsequent ratings for partial neurogenic bladder have been denied.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to October 10, 2018 has also been denied.

The Board has denied a higher rating for the Veteran's lumbosacral strain with degenerative disc disease and remanded the issues of service connection for cervical radiculopathy and TDIU.

The Veteran's acquired psychiatric disability, claimed as depression and PTSD, is not service connected. The right foot disability is also not service connected. Service connection for radiculopathy of the left lower extremity associated with degenerative disc disease of the lumbar spine is granted.

The Board has granted TDIU since February 16, 2013. Prior to that date, the combined service-connected disabilities rendered the Veteran unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for a left shoulder disability, right shoulder disability (including strain and arthritis), left knee disability, and right knee disability due to insufficient examination findings and lack of nexus opinions.

The Veteran's appeal is remanded due to the need for new VA examinations and additional evidence, including updated treatment records. The issues of rating his service-connected disabilities and determining whether his sleep apnea is related to service or secondary to PTSD are also being addressed.