Radiculopathy & sciatica decisions — 2020

The Veteran's lumbar DDD and radiculopathies were rated, with a 40% rating granted for the period from September 25, 2017 to November 6, 2019. The appeal is resolved in favor of the Veteran.

The Veteran's claims for service connection for periodontal gum disease and hepatitis A have been denied. The Board has remanded the remaining issues due to insufficient evidence.,The Veteran was not granted service connection for his claimed psychiatric, heart, sleep apnea, neck, upper extremity radiculopathy, head injury residuals, skin disorder, ankle, or knee disabilities.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development, including scheduling of VA examinations.,The Veteran is seeking higher ratings for his service-connected disabilities, which include right ankle and fibula traumatic arthritis, PTSD with TBI, radiculopathy of the upper extremities, cervical spine spondylosis, flexor tendonitis of the wrists, and disc bulges of the thoracolumbar spine. The claims are being remanded to allow for further development.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, and therefore service connection for PTSD is denied. The remaining issues related to left knee replacement, lumbosacral degenerative arthritis with IVDS, left lower extremity sciatica, and costochondritis with rib subluxation and left breast numbness are remanded due to the need for additional examinations.

The Board has granted an effective date of April 8, 2015 for the assignment of a separate 10 percent rating for right lower extremity radiculopathy associated with lumbosacral strain with a history of L4/5 spondylosis.

The Board has decided to remand three separate claims for service connection due to the lack of medical records from a U.S. Air Force hospital in Wiesbaden, Germany and the need to verify the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment, and the Board has referred this case for consideration of an extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Board denied service connection for an acquired psychiatric disorder, left and right lower extremity radiculopathy, and a rating in excess of 40 percent for low back disability due to the Veteran's failure to report for scheduled VA examinations without providing good cause.,The Veteran was not provided with adequate notice or opportunity to provide evidence or request rescheduling of the VA examinations. As such, the claims were denied as a matter of law.

The Board has remanded multiple issues for further development, including evaluations and service connection claims. The Vitamin D deficiency claim is denied as it does not constitute a disability for VA purposes.

The Board has granted service connection for a cervical spine disability and radiculopathy of the left upper extremity, finding that these conditions are secondary to the Veteran's service-connected cervical spine disability.

The Veteran's OSA with asthma is rated at 50 percent, effective June 1, 2011. The Board denied a higher rating as the evidence did not show chronic respiratory failure or tracheostomy.,Gout was granted an initial 20 percent rating, effective June 1, 2011. The Veteran had at least four gout flares per year and his medication controlled his symptoms.,Migraines were denied a compensable rating as the evidence did not show prostrating attacks averaging one in two months over the last several months.,Right shoulder disability was granted a 30 percent rating effective March 26, 2019. The Veteran had limitation of motion at shoulder level and midway between side and shoulder level.,Bilateral upper extremity neurological disability was granted a 10 percent rating prior to March 26, 2019, but denied any higher rating thereafter.,Left upper extremity neurological disability was denied any higher rating.

The Board has determined that the Veteran's claims for higher ratings related to his right lower extremity radiculopathy, lumbosacral strain with degenerative changes of the lumbosacral spine, and left knee degenerative joint disease require additional development due to the need for updated VA treatment records and examinations.

The Board has remanded the Veteran's claims for further development and readjudication. The issues include various disability ratings, service connection for hernia of the esophagus, and other conditions.

The Veteran's left lower extremity radiculopathy is currently rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating as there is no evidence of moderate incomplete paralysis.

The Board has granted service connection for bilateral lower extremity radiculopathy, voiding dysfunction, and erectile dysfunction as manifestations of the Veteran's service-connected spine disability.

The Board has remanded the Veteran's claims for additional examinations to assess his thoracolumbar spine condition(s) and left lower extremity (sciatic nerve) radiculopathy. The appeals are currently pending.

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Veteran's claim for a TDIU is remanded due to the fact that his combined rating does not meet the schedular criteria, but he has been unable to find suitable employment due to service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.

The Veteran's cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy have been granted initial ratings of 20 percent each. The TDIU claim remains in appellate status.