Radiculopathy & sciatica decisions — 2020

The Veteran's acquired psychiatric condition, including PTSD, is granted a 70 percent rating for the entire appeal period. Service connection for low back disability and left lower extremity radiculopathy involving the sciatic nerve are also granted. TDIU is granted.

The Board has granted service connection for a cervical spine condition, right upper extremity cervical radiculopathy, and left upper extremity cervical radiculopathy. The decision is based on the Veteran's in-service injuries and his current diagnoses.

The Board has remanded three issues related to the Veteran's service connection claims due to insufficient rationale in previous opinions and the need for additional medical examinations. The issues are left hand disorder, bilateral wrist radiculopathy, and bilateral ulnar nerve entrapment.

The Veteran's claim for service connection for neuropathy of the bilateral upper extremities, secondary to his service-connected cervical spine disability is granted. The claims for an increased rating for low back disability and TDIU are remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding the etiology of his cervical spine disability and neuropathy. The Veteran is not entitled to service connection for radiculopathy or cervical spine disabilities.

The Board has dismissed the Veteran's appeals for earlier effective dates for service connection of PTSD, a low back disability, radiculopathy of the left lower extremity, a lumbar back scar, and tinnitus. The remaining claims have been remanded.

The Board has remanded the Veteran's claims for additional examinations and information to determine appropriate disability ratings.

The Board has remanded the case due to conflicting medical findings regarding the severity of the Veteran's right lower extremity radiculopathy. The Veteran is also seeking service connection for persistent depressive disorder, but that issue remains pending at the AOJ.

The Board has dismissed the appeal for a rating in excess of 20 percent for lumbar spine degenerative joint disease. The Veteran's request to withdraw his appeal regarding TDIU (Total Disability Rating Based on Individual Unemployability) was accepted by the Board.

The Veteran's left knee patellofemoral syndrome and left lower extremity radiculopathy disabilities are granted with respective ratings of 10% and 40%. The reduction in rating for the Veteran’s left knee patellofemoral syndrome from 20% to 10% was improper, and the 20% rating is restored. The reduction in rating for the Veteran’s left lower extremity radiculopathy from 40% to noncompensable was also improper, and the 40% rating is restored.

An effective date of November 13, 2013 is granted for the grant of service connection of right lower extremity radiculopathy.,The earlier effective dates for left shoulder and ankle scars are denied.,A 20 percent rating is granted for right lower extremity radiculopathy.

The Veteran's PTSD with TBI is rated at 70 percent, migraine headaches are rated at 30 percent prior to May 25, 2016 and 10 percent after that date. The Veteran also receives a grant for total unemployability (TDIU).

The Veteran is granted SMC based on loss of use of both hands due to service-connected cervical and upper extremity disabilities.,The need for regular aid and attendance claim is moot as the Veteran's SMC(m) award for loss of use of both hands is the greater benefit.

The Board denied service connection for lumbar spine degenerative disc disease with IVDS and scoliosis, as well as radiculopathy of the right lower extremity, both found not to be related to the Veteran's military service or her service-connected right hip osteoarthritis.

The Board granted service connection for left and right lower extremity radiculopathy, effective January 6, 2010, and a 40 percent evaluation for lumbar osteoarthritis L5/S1 (previously diagnosed as degenerative disc disease and spondylosis of L4-5 and L5-S1), effective February 29, 2008.

The Board dismissed the appeals for increased ratings of left and right shoulder degenerative joint diseases, abdominal scars, and right knee instability. The claims for service connection for left ear hearing loss were denied. The Veteran's right knee instability was granted a 10 percent rating from April 18, 2013, and a 20 percent rating from May 31, 2018. The claims for femoral nerve radiculopathies are remanded.

The Board has found the VA examinations inadequate and remanded for further evaluations, including a new examination to assess the Veteran's service-connected lumbar spine disability. The TDIU issue is also being remanded.

The Veteran's PTSD is rated at 70 percent, but no higher.,The Veteran’s left upper extremity neuropathy and carpal tunnel syndrome are rated at 30 percent, but no higher.,The Veteran’s right upper extremity neuropathy and carpal tunnel syndrome were granted a rating of 40 percent prior to December 6, 2019, and denied from that date forward.,The Veteran's left lower extremity sciatic peripheral neuropathy was granted a rating of 40 percent prior to December 6, 2019, and denied from that date forward.,The Veteran’s right lower extremity sciatic peripheral neuropathy was granted a rating of 40 percent prior to December 6, 2019, and denied from that date forward.,The Veteran's left lower extremity femoral peripheral neuropathy was granted a rating of 20 percent prior to December 6, 2019, and denied from that date forward.,The Veteran’s right lower extremity femoral peripheral neuropathy was granted a rating of 20 percent prior to December 6, 2019, and denied from that date forward.

The Board has dismissed all issues of service connection for various disabilities as the Veteran did not allege specific errors of law or fact in the determinations.

The Board has granted a TDIU on an extraschedular basis as of September 6, 2010, finding that the Veteran's service-connected disabilities have prevented him from all substantially gainful employment prior to December 2, 2014.