Radiculopathy & sciatica decisions — 2020

The Veteran's claims for service connection for bilateral hearing loss, a head condition, tinnitus, right ankle disability (status post Achilles tendon repair), sciatic nerve disabilities of the left and right lower extremities, right hip disability, left hip disability, neck disability, and migraines have been dismissed.,The Veteran's claim for service connection for low back disability has been reopened due to new and material evidence. The Board finds that there is no evidence showing a chronic condition in service or within one year after discharge.

The Veteran's chronic laryngitis was granted a 60% rating from May 31, 2011. The Veteran's lumbar spine disability and left lower extremity radiculopathy were both granted initial 40% ratings effective March 14, 2012.

The Board dismissed the Veteran's appeals for fibromyalgia, tinnitus, and bronchitis. The Veteran was granted service connection for migraines with a 40 percent rating, but no higher. Her scar left knee associated with tricompartmental chondromalacia status post meniscus surgery received a noncompensable rating. The Board also remanded several issues including the initial compensable rating for radiculopathy of the left lower extremity.

The Veteran's cervical spine disability is rated at 30 percent, effective November 10, 2010. The rating for left upper extremity radiculopathy was denied as it did not meet the criteria for a higher rating.

The Veteran's lumbar spine disability is rated at 40 percent from September 6, 2019. He also received separate ratings of 10 percent for left and right lower extremity radiculopathy conditions.

The Veteran's appeal is remanded for additional development to address her right foot disability, including surgical scars and radiculopathy of the right lower extremity. The issues of entitlement to increased ratings for her neck disability and TDIU are also remanded.

The Board has remanded the claims for additional development due to errors in obtaining VA treatment records and considering certain factors related to the Veteran's service-connected disabilities.

The Board has remanded the claims for further evaluation and clarification of the Veteran's service-connected disabilities, particularly his right knee disability. The issues include rating adjustments and a combined schedular rating determination.

An effective date of June 20, 2005 for service connection for right and left lower extremity radiculopathy disabilities is granted.,Higher initial ratings in excess of 20 percent for the right and left lower extremity radiculopathy disabilities are remanded.

The Veteran's claims for higher ratings for right leg radiculopathy, left leg radiculopathy, and diabetes mellitus have been denied.,The Veteran’s PTSD claim prior to April 27, 2016 remains on appeal.

The Board has remanded the issue of service connection for erectile dysfunction, claiming it is secondary to a service-connected lumbar strain. The effective dates for separate ratings for left knee scars, radiculopathy in the left lower extremity, and limitation of extension of the left hip have been determined.

The Board denied service connection for a circulation disorder and denied increased ratings for residuals of myofascial lumbar spasm, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claim for an extraschedular rating for fibromyalgia was also denied.

The Board has decided to remand the cases for additional examinations and evaluations, as previous examinations are too old to be considered current. The issues of increased ratings for lumbar spine disability and dizziness, and TDIU will also be remanded.

The Veteran's lumbar spine disability and associated radiculopathy of the sciatic and femoral nerves were denied increased ratings. The lumbar spine disability was rated at 40 percent prior to August 13, 2018, and 10 percent thereafter. The left and right lower extremity radiculopathies were also denied increased ratings.

The Board has remanded cases involving service connection for headaches, right shoulder disability, low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity due to inadequate medical opinions.

The Board has granted a 20% rating for cervical spine stenosis, denied service connection for radiculopathy of the left hand, and remanded issues regarding degenerative arthritis of the lumbar spine and sinusitis. The Veteran is to be scheduled for additional examinations.

The Veteran's appeal for higher ratings for his low back condition and left lower extremity radiculopathy, as well as his claim for a TDIU due to service-connected disabilities, was granted. The Veteran is now rated at 40 percent for his low back condition and 10 percent for his left lower extremity radiculopathy.

The Board has remanded the cases for further development due to the need for updated VA treatment records and examinations to assess the severity of the Veteran's disabilities.

The Veteran's appeal is remanded for further examination and opinion regarding his entitlement to SMC based on the need of aid and attendance due to service-connected disabilities, as well as for a new VA examination to determine the nature and etiology of his headaches.

The Board has remanded the Veteran's spine degenerative arthritis, right and left lower extremity radiculopathy claims due to inadequate VA examination findings. The case is being returned for further development.