Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities did not render him unable to obtain and maintain gainful employment, as determined by VA examiners.

The Veteran's attorney is not eligible for payment of attorney fees from past-due benefits awarded in an August 2013 rating decision which granted a 10 percent rating for left lower extremity radiculopathy effective July 31, 2012. The appellant submitted multiple notices of disagreement but the RO did not issue a statement of the case (SOC).

The Veteran's claim for a TDIU was granted with an effective date of July 25, 2014. The decision also states that no earlier effective date is warranted.

The Veteran's claim for higher ratings for his service-connected lumbar spine and lower extremity radiculopathy was denied. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome (IVDS).

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient evidence and need for further examination.

The Veteran's claims for service connection have been reopened and are being remanded due to the receipt of new evidence.,The Veteran is also being scheduled for various VA examinations related to his disabilities.

The Board has remanded both claims for increased rating for the Veteran's back disability and entitlement to TDIU due to inadequate examinations in previous decisions.

The Board has decided to remand the Veteran's claims for service connection for right and left lower extremity sciatica due to conflicting evidence and inconsistencies in previous examinations.

The Veteran's claims for increased ratings for chronic lumbar strain with degenerative disc disease and left lower extremity radiculopathy are being remanded due to the need for additional development, including obtaining updated VA treatment records and conducting a VA examination as per the October 2018 Board remand.

The Veteran's back disability and LLE radiculopathy are rated at 20 percent each, while RLE radiculopathy is rated at 10 percent. The effective date for service connection of RLE radiculopathy is denied as it was received within a year of the Veteran's separation from active duty.

The Veteran's hypertension is granted as secondary to service-connected type II diabetes mellitus. Ratings of 40 percent, but not greater, are granted for peripheral neuropathy of the right upper extremity and left lower extremity sciatic nerve, with ratings of 30 percent, but not greater, for peripheral neuropathy of the left upper extremity and bilateral lower extremities.

The Board has granted a TDIU effective October 13, 2010. The Veteran's service-connected conditions include radiculopathy in the lower extremities and herniated nucleus pulposus L4-L5.

The Board has dismissed all the Veteran's claims for service connection as they are related to his death. The appeals were not about exposure to herbicides or any other specific conditions.

The Board has remanded the Veteran's claims for an initial compensable rating prior to February 21, 2003, for service-connected valvular heart disease; a rating in excess of 20 percent for service-connected lumbar spine disability; and an initial rating in excess of 10 percent for service-connected right lower extremity radiculopathy. The AOJ is instructed to consider both the former (pre- January 12, 1998) and current (post- January 12, 1998) criteria for evaluating disabilities of the spine when readjudicating the initial rating assigned to the Veteran's valvular heart disease. The AOJ is also instructed to schedule a VA examination to assess the current nature and severity of the Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy, and to issue a SOC addressing the Veteran's claim for an earlier effective date for his right lower extremity radiculopathy.

The Veteran's back disability is rated from August 26, 2016 to June 1, 2018 at a 20 percent rating and from June 1, 2018 at a 40 percent rating. The left lower extremity radiculopathy is rated from June 1, 2018 to October 3, 2018 at a 40 percent rating and from October 3, 2018 at a 20 percent rating. Service connection for the skin condition is remanded.

The Veteran's radiculopathy sciatic nerve of the left lower extremity is currently rated at 20 percent, which corresponds to moderate incomplete paralysis. The Board has determined that this rating is appropriate based on the evidence provided.

The Veteran's lumbar spine DJD and left lower extremity radiculopathy have been rated at 10 percent since January 13, 2012. The June 2016 examination found the condition to be more nearly approximating moderately severe incomplete paralysis of the sciatic nerve.,The Veteran's left lower extremity radiculopathy has been granted a higher initial disability rating of 40 percent from June 24, 2016.

The Veteran's claims of service connection for right hip stress fracture, sciatica of the lower extremities, and cervical strain have been granted. The rating assigned is a single 10 percent disability rating for residuals of right hip stress fracture.

The Board has granted service connection for osteoarthritis of the left hip, degenerative joint and disc disease of the lumbar spine with radiculopathy, and tinnitus. The Veteran's current conditions are considered to be directly related to his military service.

The Veteran's helicobacter infection is not service-connected as it was not caused or aggravated by his service-connected GERD.,There is no current diagnosis of radiculopathy in either the right or left lower extremities.