Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities, including right hip disability, back disability, tinnitus, bilateral hearing loss, and leg radiculopathies, are not considered sufficient to meet the criteria for a TDIU from September 25, 2005, to October 29, 2010.

The Veteran's radiculopathy and neuropathy of the lower extremities are currently rated at 20 percent, but the Board finds that a higher rating is not warranted as the evidence does not support moderately severe incomplete paralysis.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Board has remanded several claims related to the Veteran's spine, shoulder, and knee conditions due to incomplete development of his treatment records.

The Veteran's claim for a sleep disorder is denied as there is no evidence of a current diagnosis or functional impairment.,An increased 20 percent rating, but no higher, has been granted for the right shoulder/collarbone disability from November 12, 2010 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,A 10 percent rating, but no higher, has been granted for the left thumb fracture from November 3, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for the right ankle is denied.,The Veteran's claim for an increased disability rating for the left knee is denied.,An increased 20 percent rating, but no higher, has been granted for degenerative disc disease of the lumbar spine from March 4, 2011 to October 15, 2018. The Veteran's claim for a higher rating is denied after that date.,The Veteran's claim for an increased disability rating for sciatic radiculopathy in the right lower extremity is denied.

The Veteran's claims for service connection are being remanded due to the addition of new evidence and a need for AOJ review. The issues include right wrist carpal tunnel syndrome, left upper extremity peripheral nerve disability (including radiculopathy and left wrist carpal tunnel syndrome), effective date for PTSD, and a higher rating for PTSD.

The Veteran's service connection claims for hypertension, low back disability, RLE radiculopathy, and LLE radiculopathy were denied. The Veteran was granted earlier effective dates for service connection of RLE and LLE radiculopathy, as well as TDIU and SMC based on housebound status.

The Veteran's claim for increased ratings was denied. The rating for bilateral hearing loss was granted at 30% from July 10, 2015 to July 30, 2019. The rating for degenerative joint disease and left lower extremity radiculopathy were both denied.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Veteran's service connection claims for congestive heart failure, sleep apnea, headaches, and high blood pressure have all been denied as there is no evidence of a current disability or a link to service.,Service connection has also not been granted for spinal stenosis, right upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy.

The Board has denied the Veteran's claims for service connection for right and left lower extremity radiculopathy, a low back disability, and tinea pedis. The appeals are denied due to lack of evidence linking these conditions to service or any service-connected disabilities.

The Board has remanded the claims for service connection for major depressive disorder as secondary to eczema and other service-connected disabilities due to insufficient evidence in the record.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's assertions that his current sinusitis, sciatic nerve disabilities, diabetic nephropathy with hypertension, or erectile dysfunction are related to his military service.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, nor does the evidence show that he is unable to obtain or maintain substantially gainful employment solely as a result of his service-connected disabilities. The Board denied entitlement to TDIU, including on an extraschedular basis.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, and his TDIU claim has been denied as he does not meet the schedular requirements for a total disability rating based on individual unemployability.

The Veteran's claim for TDIU is remanded due to insufficient medical evidence and the need for a retrospective opinion on his disability from February 3, 2015 to February 1, 2017. The case will also be referred to the Director of Compensation Service for extra-schedular consideration.

The Veteran's right ankle disability is rated at a 20 percent rating prior to May 25, 2018. The Board has remanded the issues of ratings for his lower extremity radiculopathies and loss of use of both lower extremities.,The Veteran’s TDIU, special monthly compensation based on need for regular aid and attendance or at the housebound rate, and effective date prior to February 20, 2008, for Dependents’ Educational Assistance benefits are also remanded.

The Board has dismissed the appeal as the appellant's representative requested withdrawal of the appeal due to the AOJ granting a TDIU.

The Veteran's tinnitus is granted service connection and rated at 10%.,The Veteran's hypertension is granted service connection on secondary basis and rated at 10%.,The Veteran’s degenerative disc disease of the lumbar spine with myofascial pain syndrome of the thoracic spine is granted a rating of 40% prior to May 24, 2019 and thereafter.,The Veteran's chronic neck strain is granted a rating of 20%.,The Veteran’s left lower extremity radiculopathy is granted a rating of 20%.,The Veteran’s right lower extremity radiculopathy is granted a rating of 20%.,The Veteran’s left leg shin splints are denied.,The Veteran’s right leg shin splints are denied.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and sciatica of the right lower leg, finding no nexus between these conditions and his military service. The case is remanded to obtain an examination to determine if the current sciatic nerve disabilities are related to in-service injuries.