Radiculopathy & sciatica decisions — 2020

The Board has found that the VA medical opinions did not substantially comply with the February 2018 remand directives and thus, new VA medical opinions are necessary to fully address the nature and etiology of the Veteran's claim for service connection.

The Veteran's lumbar spine condition is currently rated at 40 percent, but the evidence does not support a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.,Right and left lower extremity sciatica are each rated at 10 percent. The September 2019 VA examination indicated moderate constant pain on both sides.

The Board has remanded the case due to incomplete development, including obtaining updated treatment records and addressing whether any spinal surgeries since June 2013 required convalescence.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, as he was able to secure and maintain employment in the past.

The Veteran's claims for increased ratings and service connection for various spinal disabilities were denied. The cervical spine disability was not found to be related to service, while the lumbar spine, sciatic nerve radiculopathy, and femoral nerve radiculopathy issues did not meet the criteria for higher initial rating.

The Board has remanded the Veteran's claims for a VA medical examination to assess the current severity of his service-connected lumbosacral spine degenerative disc disease and degenerative arthritis with spondylolisthesis, as well as right lower extremity radiculopathy.

The Veteran's appeals for increased ratings for headaches, mononeuropathy of the right median nerve, mononeuropathy of the left ulnar nerve, and sacral radiculopathy of the right lower extremity were dismissed as the Veteran withdrew his appeal at a hearing before the Board.

The Board has granted service connection for neck and back disabilities, finding the evidence at least in equipoise that these conditions are related to the Veteran's 1977 motor vehicle accident during active service. Service connection is denied for a left shoulder disability.

The Board has remanded the Veteran's claims for higher ratings for his lumbar spine disability, right and left lower extremity radiculopathy, as there is insufficient evidence to determine if these conditions are related to service.

The Veteran's low back disability and radiculopathy of the left lower extremity affecting both sciatic and femoral nerves are rated at 40 percent, effective May 1, 2019. The right lower extremity radiculopathy is rated at 10 percent. A TDIU has been granted.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his service-connected lumbar arthritis, radiculopathy, right knee DJD, and left knee DJD.

The Board has dismissed the appeal of the issue regarding service connection for a disability of the lower extremities other than radiculopathy. The case is remanded to determine if there was clear and unmistakable error in the July 2011 rating decision that denied service connection for radiculopathy of the lower extremities, and to adjudicate the earlier effective date claim.

The Board has restored a 60 percent disability rating for the Veteran's degenerative arthritis and IVDS with scoliosis of the spine, effective November 1, 2017. The appeal is remanded to determine if a higher evaluation is warranted.

The Veteran's death was not due to his own willful misconduct, but the criteria for DIC under 38 U.S.C. § 1318 have not been met as he did not meet the total disability rating requirement.

The Veteran was gainfully employed during the period prior to January 4, 2012. Therefore, a TDIU for this period is denied.

The appeal for increased evaluations of the service-connected lumbar spine disability and surgical scar is dismissed.,The appeals for initial compensable evaluation for a surgical scar of the lumbar area prior to January 26, 2013, and initial evaluation in excess of 10 percent for a surgical scar of the lumbar area on or after January 26, 2013 are dismissed.,The appeal for entitlement to TDIU prior to December 31, 2013 is dismissed.

The Veteran's appeal was denied as his back disability did not warrant a rating in excess of 60 percent, and he was also denied SMC based on the need for aid and attendance due to non-service-connected conditions.

The Board has remanded the Veteran's claims for diabetes, lumbar spine strain, sciatic neuropathy of both lower extremities, femoral neuropathies, and right shoulder DJD. The issues have been referred to include a new examination to determine whether the Veteran currently suffers from diabetes.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for lumbar spine foraminal narrowing at L4-5 and total disability based on individual unemployability (TDIU) prior to due to incomplete development. The Veteran is currently shown to have multiple service-connected disabilities, but his combined rating does not meet the schedular criteria for TDIU.

The Board has remanded the Veteran's claims due to conflicting medical opinions and the need for additional development.