Radiculopathy & sciatica decisions — 2020

The Board denied service connection for a lumbar spine disability, as well as right and left sciatic nerve disabilities, both claimed to be secondary to the Veteran's service-connected cervical spine disability.,There is no direct evidence linking the Veteran’s current lumbar or sciatic nerve conditions to his military service. The VA examiners concluded that these conditions are not related to his service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting evidence regarding his service-connected disabilities. The issues include lumbar spine degenerative joint disease, neck disability, upper and lower extremity radiculopathies, and TDIU.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The Board found that the current evidence did not support a higher rating based on the severity of his symptoms.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining information from Social Security Administration.

The Board has remanded the claims for increased ratings of peripheral neuropathy of the right and left lower extremities, as well as the right and left upper extremities. The Veteran's disability ratings remain at 40 percent for RLE and LLE, and 30/20 percent for RUE and LUE respectively.

The Veteran's right lower extremity radiculopathy is rated at 40 percent from February 4, 2014. His lumbar scar is rated at 10 percent. The TDIU was granted effective August 1, 2014.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities have caused or aggravated his left hip disorder.

The Veteran's radiculopathy in both upper extremities was restored to 20% ratings. A noncompensable rating for a surgical scar, residual of neck surgery was granted. The Veteran's lumbar spine disability was increased to 40%. The cervical spine disability was denied any increase beyond the current 30% rating. Temporary total evaluations and SMC benefits were denied. TDIU was granted.

The Veteran's claims for an earlier effective date were denied. The Board found that there was no medical evidence to support a factually ascertainable increase in disability prior to August 9, 2018 for bilateral flat feet and left lower extremity radiculopathy of the sciatic nerve. For lumbar degenerative arthritis, IVDS and spinal stenosis, the effective date is set at August 9, 2018.

The Veteran withdrew their appeals for increased ratings of low back strain with IVDS and degenerative arthritis, as well as initial ratings for radiculopathy of the right and left lower extremities.

Service connection for an acquired psychiatric disorder, cirrhosis of the liver, and bilateral hearing loss is denied.,The Veteran's left shoulder disability and radiculopathy are remanded for further development.

The Board has remanded the Veteran's claims of service connection for lower back condition, neck burn injury residuals, and face burn injury residuals due to incomplete compliance with previous remand directives. The Veteran is required to submit photographs of his burn residuals and undergo a VA examination by a dermatologist.

The Veteran's bilateral lower extremity radiculopathy has been rated as 20 percent disabling under Diagnostic Code 8521, which pertains to the popliteal nerve (common peroneal). The Board finds that this rating is appropriate given the mild to moderate symptoms reported by the Veteran.,The Veteran's bilateral lower extremity radiculopathy involving the anterior crural nerve has been rated as 20 percent disabling under Diagnostic Code 8526, which pertains to the femoral nerve. The Board finds that this rating is appropriate given the mild to moderate symptoms reported by the Veteran.

The Veteran's TMJ disability is not rated higher than 10 percent, as the inter-incisal range does not meet the criteria for a higher rating.,For his back disability prior to December 6, 2016, the Veteran was not entitled to more than a 10 percent rating. From that date onwards, he is rated at 20 percent.,The effective date of service connection for left lower extremity radiculopathy has been set at October 2, 2013.,The Veteran's TDIU claim was granted.

The Veteran's claims for hypertension, chest pains, proteinuria, and inactive fatigue have been dismissed. The claim of service connection for left leg radiculopathy has been reopened.

The Veteran's appeal for a higher rating for his heart condition prior to December 17, 2019 is denied. A rating of 60 percent is granted as of December 17, 2019.,A remand is ordered due to insufficient medical opinions regarding the relationship between the Veteran's hypertension and service or herbicide exposure, and whether it is proximately due to or aggravated by his service-connected conditions.,The Veteran's claims for service connection related to cramping in arms and legs, hypertension (to include due to service-connected conditions), degenerative disc disease, sciatic of the left lower extremity, and gout are remanded as insufficient medical opinions were provided regarding these issues.

The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, cervical spine disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to inadequate examinations.

The Veteran's service connection claims for right shoulder trapezius strain, cervical strain with degenerative joint disease (claimed as neck condition), left upper extremity radiculopathy, and right upper extremity radiculopathy have been granted. The effective dates are set at April 14, 2016.

The Veteran's bilateral hearing loss is rated at 10 percent, effective February 1, 2017.,The Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's IVDS of the thoracolumbar spine is now rated at 40 percent, effective June 30, 2020. The right ankle disability has been restored to a 10 percent rating from June 22, 2016.