Radiculopathy & sciatica decisions — 2020

The Veteran's appeal is remanded to determine if referral of his TDIU claim for extra-schedular consideration prior to December 15, 2016, is warranted.

The Board has decided to remand the cases for further development and consideration due to a duty-to-assist error.

The Veteran's appeal for a higher initial disability rating for his service-connected right lower extremity radiculopathy was denied. The Board found the evidence did not support a higher rating than the current 20 percent assigned since September 19, 2018. The issue of entitlement to TDIU due to multiple service-connected disabilities is remanded.

The Board denied increased ratings for various knee, shoulder, spine, and elbow disabilities. The Veteran's left ulnar nerve disability was also denied.

The Veteran's right lower extremity radiculopathy is manifested by no more than moderate severe incomplete paralysis and the Board has granted a disability rating of 40 percent, but no greater.

The Veteran's back disability and bilateral lower extremity radiculopathy have been rated, but not at the maximum levels. The TDIU has been granted from January 21, 2015.,The Veteran is currently in receipt of a 40 percent rating for his back disability, a 10 percent rating for left lower extremity radiculopathy, and a 20 percent rating for right lower extremity radiculopathy.

The Veteran's claim for a higher rating for his lumbar spine disability and radiculopathy of the left lower extremity was denied. The Board found that the evidence did not support an increased rating based on unfavorable ankylosis or incapacitating episodes.,The Veteran's TDIU claim was also denied as he had multiple service-connected disabilities, but none met the criteria for a 60% disability rating.

The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his conditions did not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further evaluation or development.,Specifically, his degenerative arthritis and IVDS of the lumbar spine are currently rated at 40 percent, but he seeks a higher rating. His left lower extremity radiculopathy is rated at 20 percent.

The Veteran's back condition and right lower extremity radiculopathy have been rated at the highest possible schedular rating (100%) since November 27, 2007. The appeal for higher ratings is denied.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's bilateral foot disability and low back disability with sciatica. The case will be reviewed again for a proper assessment.

The Board has remanded the cases for further development due to incomplete service records and need for a medical opinion regarding the Veteran's low back disability.

The Veteran's right leg quad tendon repair surgery is denied as service connection, and his non-initial rating for sciatica associated with lower back condition is also denied due to lack of a causal relationship between the current symptoms and service-connected conditions.

The Board has remanded the claims for service connection for various disabilities, including bilateral knee and neck disabilities, right ankle disability, insomnia (claimed as secondary to psychiatric disorder and tinnitus), low back disability, penile disability, and sciatica. Additional VA examinations are needed to address the etiology of these conditions.

The Board has decided that the Veteran's neck disability and right upper extremity radiculopathy are service-connected. However, the claim for fibromyalgia is denied as there is no evidence to support a direct connection to service. The right-hand condition (claimed as tremors) requires further examination to determine if it is related to the Veteran's service-connected conditions.

The Board granted service connection for lumbar spine degenerative arthritis with bilateral lower extremity radulopathy and a 10 percent rating for hearing loss effective October 4, 2019. The other claims on appeal were either denied or remanded.

The Board denied the Veteran's claims for service connection for right and left lower extremity sciatica as secondary to a low back disability and/or dextroscoliosis, and for a low back disability. The decision also noted that the Veteran does not have a currently service-connected low back disability.

The Board has remanded the claims of service connection for a low back disability, sinus disability, migraine headaches, and sciatica due to conflicting opinions on whether the Veteran's conditions preexisted his military service. The case is also remanded for consideration of TDIU.

The Board has granted service connection for radiculopathy in the right lower extremity, but denied it for the left lower extremity.

The Board has dismissed the appeals for initial evaluation in excess of 20 percent for degenerative joint disease of the left shoulder, service connection for left chronic cervical radiculopathy (secondary to service-connected degenerative joint disease of the left shoulder), and service connection for carpal tunnel syndrome, left upper extremity.