Radiculopathy & sciatica decisions — 2020

Service connection for a lumbar spine disorder of degenerative joint disease and spondylosis with radiculopathy is granted.,Service connection for residuals of a stroke, as secondary to diabetes mellitus type II, is granted.

An initial disability rating of 20 percent is granted for low back strain from December 1, 2009.,A higher initial disability rating in excess of 20 percent for the low back strain is denied throughout the entire appeal period.,Higher initial disability ratings for radiculopathy of the right lower extremity are denied since October 24, 2019.

The Veteran's claim for financial assistance for automobile or other conveyance and adaptive equipment is granted. The Veteran's claim for SMC under 38 U.S.C. § 1114(k) for loss of use of the left foot prior to March 31, 2015 is denied.

The Veteran's spine disability and right lower extremity radiculopathy are being remanded for additional development as the current VA examination is inadequate to rate these conditions.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain was denied. Separate ratings for right and left lower extremity radiculopathy were granted, but the appeal is denied.

The Board has remanded the claims for service connection for bilateral hearing loss, bilateral hip condition, and bilateral sciatic nerve condition due to incomplete medical records and need for further examination.

The Board has remanded the Veteran's claims for service connection and evaluation of hearing loss due to incomplete rationale in the September 2018 VA examiner's opinion, lack of relevant VA treatment records from December 2018 to present, and discrepancies between different speech discrimination tests used.

The Board has granted increased ratings for left lower extremity radiculopathy and right lower extremity radiculopathy, but denied a higher rating for the low back disability. The Veteran was also granted TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities meet the schedular criteria for award of TDIU and preclude substantially gainful employment, effective July 24, 2008. The Board finds that the entitlement to a TDIU is warranted for the period beginning July 24, 2008.

The Board has determined that the reduction in ratings for bilateral lower extremity sciatic radiculopathy from 20 percent to 10 percent was improper and restored the original 20 percent ratings. The remaining claims of entitlement to increased ratings for degenerative arthritis of the lumbar spine, right and left lower extremity sciatic radiculopathy, and TDIU are remanded.

The Veteran's lumbar spine, cervical spine, and right knee conditions are granted service connection. The cases of basal cell carcinoma, left knee disorder, and right shoulder or trapezius disorder are remanded for further development.

The Veteran's claim for increased ratings for his low back pain and associated radiculopathy was denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes due to intervertebral disc syndrome.

The Veteran's PTSD is rated at 100 percent, his scars on the lumbar spine are not compensable, and he has a separate rating of 10 percent for radiculopathy of the left lower extremity. The Veteran’s degenerative disc disease of the lumbar spine remains at 20 percent.

The Veteran's lumbar spine degenerative disc disease and left sciatic radiculopathy are rated at 40 percent and 10 percent, respectively. The service connection for erectile dysfunction is also granted. However, the claims for heart disease and sleep apnea are remanded due to additional information received.

The Veteran's L5-S1 herniated nucleus pulposus, post discectomy, is rated at 40 percent since October 1, 2018. The left lower extremity radiculopathy with foot drop remains rated at 40 percent.

The Veteran's increased ratings for radiculopathy and degenerative arthritis of the spine have been denied. The Veteran was granted a 20% rating for degenerative arthritis of the spine effective December 14, 2016.

An effective date of January 23, 2015 for the grant of service connection for right upper extremity radiculopathy is granted.,Effective dates earlier than June 27, 2016 are denied for the grants of service connection for tension headaches, TBI, tinnitus, mixed anxiety depressive disorder, left upper extremity radiculopathy, cervical spine degenerative arthritis, and thoracolumbar spine degenerative disc disease.,The Veteran's December 31, 2015 claim referenced neurological damage which should have been recognized as claims including TBI and the nerve damage in his bilateral shoulders. However, no head injury nor left shoulder neurological damage was mentioned.

The Board denied a rating in excess of 10 percent for instability of the right knee, and remanded other issues including ratings for osteoarthritis of the left and right knees, residuals of total knee replacements, DDD of the thoracolumbar spine, and radiculopathy of the left lower extremity.

The Veteran's claim for a higher rating for lumbar strain from March 7, 2015 to the present was denied.,Service connection for bilateral lower extremity radiculopathy and entitlement to TDIU prior to April 1, 2015 are both remanded.

The Board denied service connection for low back, neck, and bilateral upper/lower extremity neurologic disabilities as they were not related to service or any presumptive exposure.