Radiculopathy & sciatica decisions — 2020

The Board dismissed the appeals for higher evaluations for radiculopathy of the left and right lower extremities.,New evidence was added to reopen claims for service connection for diabetes mellitus and diabetic nephropathy.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that it does not warrant a compensable rating based on audiometric findings.,For his lumbar spine traumatic arthritis (back condition), the Veteran’s current disability picture does not meet or approximate the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that remand is necessary to obtain additional information regarding the severity of his back condition.,The Veteran's Non-Hodgkin’s lymphoma has been considered, but no compensable rating can be assigned as it did not recur or metastasize since treatment in 2010 and he does not have any residuals from the condition.,Regarding the skin condition, a compensable rating is denied as there is insufficient information to determine if the Veteran's current disability picture warrants such a rating. The Board finds that remand is necessary for further evaluation.,The allergic rhinitis/sinusitis claim was also remanded due to insufficient information regarding its severity and impact on the Veteran’s daily life.,Regarding bilateral lower extremity radiculopathy, the Veteran's current disability picture does not meet or approximate the criteria for a compensable rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that remand is necessary to obtain additional information regarding this condition.

The Veteran's lumbosacral spine DDD and associated radiculopathy have been granted ratings, with the right lower extremity radiculopathy receiving a 60 percent rating since February 27, 2001. The effective date for these grants is not specified.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of service connection or entitlement to higher ratings for GERD, radiculopathy of the left lower extremity, left ear hearing loss, and acquired flatfoot with plantar fasciitis.

The Board has granted service connection for degenerative arthritis of the lumbar spine and its associated radiculopathy.,Service connection was also granted for left and right lower extremity radiculopathy, both secondary to the Veteran's service-connected lumbar spine disability.

The Board has determined that the reduction of the disability rating from 10 percent to zero percent effective February 1, 2019, for radiculopathy of the left lower extremity was proper.

The Board denied the Veteran's claim for service connection for sciatica as new and material evidence was not received to reopen the claim.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination reports and incomplete development of stressor allegations. The issues include PTSD, depression, anxiety, bilateral ankle condition, bilateral knee condition, and low back disability.

The Board has remanded several claims, including those for increased ratings for lumbar degenerative disc disease and bilateral lower extremity radiculopathy. The Veteran's TDIU claim is also being remanded due to the inextricable link with her back disability.

The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities, specifically degenerative joint disease of the lumbar spine and related radiculopathy.

The Board has remanded the claims for service connection for radiculopathy of the bilateral upper extremities as secondary to a service-connected back disability, an evaluation in excess of 10 percent for service-connected degenerative spondylolisthesis of the lumbar spine prior to March 4, 2017, and in excess of 20 percent thereafter, an effective date earlier than March 4, 2017, for the grant of service connection and separate rating for radiculopathy of the left lower extremity, and a total disability rating based on individual unemployability (TDIU) prior to October 22, 2016.

The Veteran's low back injury with radiculopathy of the bilateral lower extremities is rated at 60 percent, and a higher rating in excess of this has been denied.

The Board has remanded the Veteran's claims for GERD, degenerative disc disease of the lumbar spine with osteoporosis, sciatica, erectile dysfunction, and a head injury due to incomplete examinations and lack of clear opinions on the etiology of these conditions.

The Veteran's appeal is remanded for additional examinations and to determine appropriate ratings for his service-connected radiculopathy of the bilateral upper extremities, left lower extremity, and bilateral hallux valgus. The effective date claims are also deferred pending further development.

The Veteran's left leg radiculopathy is rated at 40 percent since February 29, 2016. The Board found that the disability was moderately severe and granted a higher rating for this condition.

The Veteran's hepatitis C was granted service connection, but his increased rating claims for degenerative disc disease, radiculopathy, and knee disabilities were denied. The Board found that the evidence was at least in equipoise as to whether the Veteran's hepatitis C had its onset during his service.

The Veteran's kidney removal disability is rated at 60 percent from December 18, 2013 and thereafter. The other service-connected disabilities have been granted or maintained.

The Board has identified new evidence that was submitted after the May 2018 Statement of the Case. The Veteran has not waived AOJ review of this additional evidence, so a Supplemental Statement of the Case must be issued to consider all evidence received.

The Board has remanded the claims for increased ratings and effective dates for radiculopathy of the left and right lower extremities due to lack of VA examination attendance.

The Veteran's claim for service connection for obstructive sleep apnea was denied. The RO granted an increased rating of 20 percent for lumbar facet arthrosis with L5-S1 disk protrusion, but did not grant earlier effective dates.,The Veteran's claims for left and right sciatic radiculopathy were granted with effective dates of August 25, 2003 and August 13, 2005 respectively. The RO also granted initial disability ratings of 40 percent or higher for the left sciatic radiculopathy since June 11, 2018.