Radiculopathy & sciatica decisions — 2020

The Board found that the reduction of ratings for cervical spine IVDS with degenerative arthritis and right upper extremity radiculopathy from 20% to 10% and noncompensable, respectively, was proper due to improvement in the Veteran's disability. The claim for restoration of the original ratings is denied.

The Veteran's left and right lower extremity radiculopathy conditions are granted a 20 percent rating each, subject to the laws governing monetary benefits. The Veteran's claim for an increased rating of his right knee disability is denied.

The Board has remanded the case due to insufficient examination regarding whether the Veteran's service-connected disabilities aggravated his obesity, which is an intermediate step for determining service connection for obstructive sleep apnea.

The Veteran's initial ratings for lumbar spine disability and left lower extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating based on the severity of his conditions, as there was no evidence of unfavorable ankylosis or incapacitating episodes related to intervertebral disc syndrome.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has been employed in various positions that require similar education, training, and work experience.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not prevent him from securing and following a substantially gainful occupation.

The Board denied service connection for various conditions, including sciatica, back disability, right hip and knee disabilities, cold injury residuals, PTSD, chronic sinusitis, chronic fatigue syndrome, skin disorder of the feet, fibromyalgia, stroke with left-side balance impairment, headaches (migraines), degenerative bone disease, heart disability, muscle pain and soreness, and a left eye disability. The Board found no evidence to support these claims.

The Veteran's post-total right knee replacement is rated at 60 percent, his bilateral hearing loss and right knee surgical scar are not compensable, and he has a separate 10 percent rating for left knee instability. The Veteran also received a 20 percent rating for lumbar spine degenerative disc disease with radiculopathy.

The Board has granted separate 20 percent ratings for left and right lower extremity radiculopathy effective June 18, 2013.

The Veteran's lung disability, low back disability, upper back disability, left lower extremity radiculopathy (sciatica), right lower extremity radiculopathy (sciatica), left knee disability, right knee disability, left hip disability, right hip disability, right foot disability, left foot disability, sinus disability, memory loss, hypertension, colon polyps, prostate disability, stomach disability, skin disability (including skin cancer and actinic keratosis), throat disability, diabetes mellitus, type II, kidney cysts, and liver cyst are all denied. However, the Veteran's lung disability is granted as due to asbestos exposure.

The Veteran's claims for increased ratings for his lumbar spine disability and left leg radiculopathy are being remanded due to the need for additional development, including obtaining retrospective medical opinions regarding flare-ups and functional loss prior to March 2015, and clarifying the effective date and ratings assigned for radiculopathy of the left leg.

The Veteran's left shoulder impingement with left cervical radiculopathy and left-hand carpal tunnel syndrome is currently rated at 30 percent, but the Board finds that this rating is appropriate based on the current evidence.

The Veteran's claims for increased ratings for lumbar spine disability, right and left lumbar radiculopathy were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for PTSD (claimed as mental health condition) is denied an effective date prior to December 12, 2017.,The Veteran's claim for a disability rating in excess of 20 percent for Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a separate and compensable evaluation for bilateral cataracts associated with Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a disability rating in excess of 10 percent for diabetic peripheral neuropathy of the left lower extremity sciatic nerve associated with Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a disability rating in excess of 10 percent for diabetic peripheral neuropathy of the right lower extremity sciatic nerve associated with Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a compensable disability rating for radiculopathy of the right lower extremity femoral nerve is denied.,The Veteran's claim for a disability rating in excess of 10 percent for meralgia paresthica of the right thigh is denied.,The Veteran's claim for an initial compensable disability rating for bilateral hearing loss is denied.,The Veteran's claim for a disability rating in excess of 20 percent for degenerative joint disease bilateral sacroiliac joints with intervertebral disc syndrome (IVDS) and back spasms is denied.

The Veteran's claims for increased ratings for lumbosacral strain, left and right lower extremity radiculopathy were denied. The Board found that the current ratings of 20 percent for lumbosacral strain, 10 percent before September 24, 2019, and 20 percent thereafter for both lower extremities radiculopathy are appropriate.

The Veteran's service-connected left and right upper extremity radiculopathy disabilities, along with his cervical spine disability, rendered him unable to secure and maintain substantially gainful employment throughout the appeal period.

The Board has remanded the issues of entitlement to service connection for radiculopathy of the right and left lower extremities, as well as hypertension. The Veteran's claims are being returned for further development.

The Veteran's service connection for left and right lower extremity radiculopathy was granted with an effective date of January 12, 2018. The Board denied the request for earlier effective dates as it is not a legal basis to submit such claims.

The Veteran's claim for an increased rating for left shoulder bicipital tendonitis was granted with a 20% rating effective February 12, 2018. The claim for service connection for allergies is remanded.

The Veteran's claims for service connection for right and left lower extremity radiculopathy have been denied.,The Veteran's claim for service connection for a lumbar spine disability has been remanded due to the need for additional development.