Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for increased ratings and TDIU due to pending procedural actions.

The Veteran's migraine headaches are currently rated at the maximum schedular rating of 50 percent, and an effective date prior to December 9, 2017, is denied.,PTSD was granted a 30 percent disability rating in June 2016, which was continued in May 2018. A 50 percent rating for PTSD is now effective from December 9, 2017.,The Veteran's lumbar spine disability and sciatic nerve radiculopathy were initially rated at 10 percent each, with a 40 percent rating for the lumbar spine and 20 percent ratings for both lower extremities granted in August 2018. The effective date is December 9, 2017.,PTSD was granted a 30 percent disability rating in June 2016, which was continued in May 2018. A 50 percent rating for PTSD is now effective from December 9, 2017.

The Veteran's scoliosis is rated at 10 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's LLE radiculopathy is rated at 20 percent. The Board has found that her RLE radiculopathy warrants a separate 10 percent disability rating from September 10, 2019.

The Board has granted service connection for PTSD and left and right lower extremity sciatic neuropathy, finding that the Veteran's symptoms are related to his combat service in Vietnam. The claims were reopened due to new evidence showing a possible link between the Veteran's current conditions and his military service.

The Board has granted service connection for a lumbar spine disability, sciatica of the left lower extremity (LLE), and sciatica of the right lower extremity (RLE). The Veteran's current conditions are found to be etiologically related to his active duty service.

The Veteran's lumbosacral strain and cervical spine disability have been remanded for further development.,Specifically, the issues of increased ratings for lumbosacral strain and cervical spine disability are being addressed.

The Board has remanded three increased rating claims and the TDIU claim due to new evidence submitted by the Veteran. The issues will be readjudicated based on all available evidence.

The Board has remanded several issues for further development, including additional VA examinations and studies to determine the current nature of the Veteran's conditions and their relationship to service. The issues include increased ratings for lumbar spine and cervical spine disorders, a rating increase for PTSD, a separate compensable rating for esophageal stricture, and service connection for erectile dysfunction.

The Veteran's radiculopathy of the left lower extremity was initially rated at 10 percent prior to February 27, 2017. From that date until December 5, 2017, it was rated at 20 percent. After that date, a rating of 40 percent or higher is warranted.

The Board has remanded the Veteran's claims for a higher rating for left forearm disabilities due to deficiencies in the VA examinations of record. The case is returned to the AOJ for further development, including another VA examination.

The Veteran's service-connected PTSD with depression and alcohol dependence is not rated higher than 70 percent, while his service-connected status post total left knee arthroplasty associated with right sciatic nerve paralysis as a residual of shell fragment wound of the right thigh and right leg is also denied.

The Veteran's appeal for increased ratings for concussion headaches and right upper extremity radiculopathy, to include as secondary to service-connected cervical strain, was granted. The rating assigned is 100%.

The Board has remanded several claims due to the failure to address whether the assigned effective dates for increased ratings were proper. The appellant must be provided with a Statement of the Case (SOC) regarding these issues.

The Veteran's claim for an earlier effective date for the award of a compensable rating for his service-connected back disability is granted, subject to controlling regulations governing the payment of monetary awards. The Board also grants service connection for lumbosacral spondylosis and right lower extremity radiculopathy secondary to his service-connected back disability.

Service connection for a psychiatric disability has been granted.,Service connection for low back, radiculopathy of the right leg, and radiculopathy of the left leg disabilities have not been established.

The Veteran's flatfoot (pes planus) and migraine, including migraine variants (claimed as tension headaches), are found to be related to his service. The remaining claims for service connection have been remanded.,Service connection is granted for flatfoot (pes planus) and migraine, including migraine variants (claimed as tension headaches).

The Veteran's claims for increased evaluations of lumbar spine disorder, right-lower-extremity radiculopathy, and left-lower-extremity radiculopathy were denied. The Board found no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's claims for effective dates prior to November 1, 2010 for cervical spine degenerative disc disease and associated radiculopathy of the upper extremities are denied as there is no evidence of a claim or informal claim before that date.,The Veteran's claim for an earlier effective date for his thoracic spine surgical scar is also denied as it arose from surgery on September 25, 2012.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination. The TDIU claim is also remanded due to its inextricability with the rating reduction issue.

The Veteran's initial disability ratings for lumbar strain and radiculopathy of the right lower extremity remain at 20 percent and 10 percent, respectively.