Radiculopathy & sciatica decisions — 2020

The Veteran's cervical spine and upper extremity radiculopathy conditions are rated at the maximum allowable under VA guidelines, and no higher rating is warranted.

The Board denied the Veteran's claims for initial ratings in excess of 40 percent for left and right lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating based on incomplete paralysis.

The Veteran's claim for an earlier effective date for his 10% disability rating for residuals of a scar on the left little finger was denied as it is not factually ascertainable that he experienced the required symptomatology prior to February 25, 2009.,An effective date of December 10, 2008 was granted for his service connection and 20% disability rating for left upper extremity radiculopathy. The earlier effective date is due to the first objective evidence of radiculopathy on December 10, 2008.,The Veteran's claim for an earlier effective date for his 30% disability rating for left upper extremity radiculopathy was denied as it is not factually ascertainable that he experienced the required symptomatology prior to March 19, 2013.

The Board has remanded the Veteran's claims for a higher rating for his service-connected degenerative disc disease of the lumbar spine, left and right lower extremity radiculopathy. The claims are being returned to the RO for additional development.

The Veteran's lumbar osteoarthritis was granted a higher rating of 40 percent prior to October 15, 2018. A rating in excess of 40 percent for the condition beginning October 15, 2018 is denied. The Veteran’s radiculopathy of the right lower extremity associated with lumbar osteoarthritis was granted a 10 percent rating and remains unchanged. TDIU is also denied.

The Board found that discontinuance of VR&E services based on a negative feasibility determination was proper due to the Veteran's significant physical health issues and extensive limitations in his activities. The appeal is denied.

All claims for service connection and rating increases have been dismissed due to the appellant not filing an adequate substantive appeal.,The Board lacks jurisdiction over the issues of entitlement to a compensable rating for left hip pain based on limitation of extension of the left thigh, entitlement to a rating in excess of 10 percent for left hip pain based on limitation of flexion of the left thigh, and entitlement to an effective date earlier than April 27, 2015, for the award of a 20 percent rating for left hip pain based on impairment of the left thigh.

The Veteran withdrew all his appeals, including those related to higher ratings for sciatica and lumbosacral spondylolisthesis with IVDS, an increased rating for right shoulder impingement syndrome, a TDIU effective date earlier than August 25, 2011, service connection for tinnitus, and hearing loss. The Board dismissed the appeal due to withdrawal.

The Veteran's low back disability is rated at 20% prior to May 28, 2015 and 40% from May 13, 2019. The right hip radiculopathy is rated at 40%. Other conditions are either denied or not addressed in the decision.

The Veteran's radiculopathy of the left and right lower extremities was granted an initial disability rating of 20 percent from August 3, 2017 to June 20, 2018. The claim for a higher rating is denied after that date.

The Board has remanded three of the four issues on appeal due to the need for additional VA examinations and the need to obtain outstanding VA treatment records. The Veteran's anxiety disorder, lumbar spine disability, and right lower extremity radiculopathy are all being examined again.

The claim for a higher rating for MDD is denied.,Claims for service connection for various conditions are all denied, including those related to the Veteran's lower extremities and eyes.

The Board has determined that the Veteran's right elbow disorder is related to his service-connected right wrist condition and remanded for further examination. The ratings for lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy are also remanded due to lack of recent examinations.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder, headaches, tinnitus, and traumatic brain injury.,The Veteran’s cervical spine strain with degenerative arthritis does not meet the criteria for a higher evaluation due to lack of incapacitating episodes.,The effective date for service connection for radiculopathy of the right upper extremity is granted as March 27, 2017.

The Board has denied an effective date prior to February 5, 2018 for service connection of right lower extremity radiculopathy. The Veteran's claim for earlier effective date for left lower extremity radiculopathy is remanded.

The Veteran's appeals for service connection have been dismissed as he has withdrawn his appeal.

The Board has denied the Veteran's claims for service connection for neuropathy and radiculopathy of the left lower extremity, finding that his symptoms are more likely due to diabetes and multiple sclerosis. The claim for DDD of the spine is remanded for further development.

The case is remanded due to the need for additional development and examination of the Veteran's lumbar spondylosis and left lower extremity radiculopathy.

The Veteran's initial claim for a higher evaluation for her cervical spine disorder was granted, with a 30 percent evaluation effective May 6, 2014. The claims for radiculopathy of the left upper and lower extremities were also granted, each receiving a 20 percent evaluation effective March 25, 2019.

The Board has decided to remand the claims for increased ratings due to inadequate examinations, and to obtain updated VA treatment records.