Radiculopathy & sciatica decisions — 2020

The Veteran's neck scar is granted an initial rating of 10 percent, but no higher.,The effective date for the grant of service connection for a neck scar disability is denied.

The Veteran's claim for left lower extremity radiculopathy was denied as there is no current evidence of this condition.,The Veteran's heart disorder claim was denied because the preponderance of the evidence indicates that his current heart disorders did not relate to service.

The Board has denied a higher disability rating for radiculopathy of the right lower extremity, finding that the overall disability picture is more closely approximated by mild incomplete paralysis.

The Board has granted service connection for lumbar spine degenerative arthritis with L5-S1 synovial facet cyst and left lower extremity radiculopathy as secondary to the service-connected lumbar spine condition.

The Board has remanded several issues related to the Veteran's service connection claims, including tinnitus, alcohol abuse, traumatic brain injury, hypertension, obstructive sleep apnea, right hip condition, left hip osteoarthritis, right sciatica, left sciatica, bilateral leg disability, and an acquired psychiatric disability. The decision also denied a request for an earlier effective date for the grant of service connection for tinnitus.

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted due to limited range of motion and no indication of more severe symptoms.,RLE radiculopathy is currently rated at 10 percent, while LLE radiculopathy is rated at 20 percent. The Board determined these ratings are appropriate given the mild severity of the Veteran's symptoms.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has remanded three issues: PTSD with major depression, dementia, and alcohol abuse; post laminectomy syndrome, status post lumbar laminectomy and diskectomy; and radiculopathy of the right lower extremity. The Veteran needs to provide updated treatment records and undergo VA examinations for his psychiatric disorder and spine disability.

The Veteran's claim for service connection for radiculopathy of the right lower extremity and left lower extremity is denied.,The Veteran's claim for service connection for diabetic peripheral neuropathy of the right upper extremity and left upper extremity due to diabetes mellitus, type II, is denied.

The Board has remanded the Veteran's claims for service connection for degenerative osteoarthritic changes and right L5 radiculopathy due to a lack of a VA examination, as well as incomplete development of his service treatment records.

The Veteran's service-connected degenerative disc disease has been granted, along with service connection for fibromyalgia, acquired psychiatric disability (mood disorder and unspecified depressive disorder), bilateral lower extremity radiculopathy, irritable bowel syndrome, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity arthropathy, left lower extremity arthropathy, and chronic pain.,The Veteran's claim for a total disability rating based on individual unemployability is remanded due to the grant of service connection for an acquired psychiatric disability, fibromyalgia, and irritable bowel syndrome.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to the withdrawal of his attorney. The appeal for TDIU is being remanded.

The Board has determined that another remand is necessary due to the inadequacy of the March 2019 VA examiner's opinion and the need for an addendum opinion. The Veteran’s claims for service connection for right and left hand disorders other than radiculopathy are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's PTSD with secondary MDD and history of alcohol use disorder is rated at 70 percent, effective from the date of the decision. The ratings for diabetes mellitus type II, associated left lower extremity peripheral neuropathy, and associated right lower extremity peripheral neuropathy remain denied.

The Board has decided to remand the case due to incomplete records and a need for additional medical opinions. The Veteran's radiculopathy of the right upper extremity is being reviewed, with an emphasis on whether VA treatment caused or contributed to his disability.

The Board has remanded the case for further development and consideration of the Veteran's claims, including his claim for a higher rating for left lower extremity sciatic radiculopathy. The AOJ is instructed to consider all pertinent evidence since the last adjudication in deciding these matters.

The Board has remanded the Veteran's claims for additional development due to deficiencies in the May 2009 and April 2015 examination reports, specifically regarding pain levels, range of motion, and whether there is ankylosis. The Veteran will need addendum opinions addressing these issues.

The Veteran's service-connected back and bilateral lower extremity disabilities render him in need of the daily care of another, as he requires assistance with ambulation, homemaking activities, and personal hygiene due to his physical incapacity.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied prior to October 11, 2018. From that date onwards, he is granted a higher rating of 40 percent.,For the period from September 1, 2009, separate initial ratings of 10 percent were granted for right and left lower extremity radiculopathy.

The Board denied the Veteran's claim for a TDIU rating prior to May 6, 2014, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.