Radiculopathy & sciatica decisions — 2020

The Veteran's disability ratings for back and bilateral lower extremity radiculopathy were improperly reduced. The effective dates of the reductions are not specified, but they occurred after February 8, 2016, and July 5, 2017 respectively.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and rating determinations. The specific issues are tinnitus, hypertension, sleep apnea, left knee disorder, right knee disorder, right lower extremity radiculopathy (claimed as right leg condition), and a psychiatric disability.

The Veteran's claim for service connection for a disability of the left wrist and fingers, including rheumatoid arthritis and reflex sympathetic dystrophy, is being remanded due to the need for an SSOC.

The Veteran's bilateral hearing loss is granted as service-connected.,For the period prior to January 28, 2020, a rating in excess of 10 percent for his low back disability is denied. From January 28, 2020 onwards, a rating in excess of 40 percent is also denied.

The Veteran's lower back disability and associated radiculopathy have been granted increased initial ratings of 20 percent, effective January 22, 2018. Additional development is needed for other issues.

The Board has granted service connection for a back disability and lumbar radiculopathy, finding that these conditions are related to the Veteran's service-connected right knee disability.

The Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful employment, and the Board has granted entitlement to TDIU. The cases for increased disability ratings for right elbow, left elbow, left knee, and right knee disabilities are remanded.

The Veteran's right leg radiculopathy and degenerative arthritis of the lumbar spine were found to be present prior to March 29, 2013. The Board granted a separate evaluation for right leg radiculopathy from the beginning of the appeal period. The issues regarding IVDS and degenerative arthritis of the lumbar spine are remanded.

The Board has decided to remand the Veteran's claims for bilateral hearing loss, left ankle condition, lower back condition, and bilateral lower extremity radiculopathy due to incomplete development of his service connection claims. The AOJ is instructed to obtain missing service treatment records, conduct additional examinations, and provide adequate opinions regarding the etiology of these conditions.

The Veteran's peripheral neuropathy was denied ratings in excess of the assigned 10 percent and 20 percent ratings for the right upper extremity, left upper extremity, sciatic nerve of the right lower extremity, and femoral nerve of both lower extremities.,TDIU was remanded due to incomplete development.

The Board has remanded the case for further development and examination, including assessments of the Veteran's lumbar spine myositis and associated neurologic complications, as well as his service-connected skin disability. The claims are not about service connection but rather about increased ratings and compensation.

The Veteran's right and left lower extremity sciatic nerve radicular pain or paresthesia, as well as his neurogenic erectile dysfunction (ED), are considered secondary to his low back disability. The Veteran is currently rated at the minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control.

The Veteran's lumbar spine disorder is granted, while his claims for bilateral hearing loss, chronic tonsillitis, bladder dysfunction, bilateral lower extremity sciatica, and erectile dysfunction are denied.,Service connection for depressive disorder is also granted.

The Veteran's low back disability was not found to warrant a higher rating prior to December 16, 2019. From that date, the disability was also not found to warrant a higher rating.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to his service-connected lumbar spine disorder, associated radiculopathy of the lower extremities, and TDIU. The Veteran is required to undergo a new VA examination to assess the severity of his lumbar spine disability and associated radiculopathy.

The Veteran's sleep apnea is granted as secondary to his service-connected conditions. His IVDS of the lumbar spine and sciatic nerve radiculopathy of the left lower extremity are not rated higher than their current levels, while his binocular visual field defect remains at its current level.

The Veteran's back injury surgery with degenerative joint disease is rated at 10 percent, but not higher.,A separate rating of 10 percent for left lower extremity radiculopathy is granted effective from February 28, 2018.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to incomplete information in his medical records, including lack of updated opinions regarding the severity of his service-connected conditions. The Veteran is also required to provide employment information from previous employers.

The Veteran's right ankle degenerative arthritis is rated at a maximum of 20 percent.,Throughout the period prior to August 15, 2013, the Veteran was granted TDIU based on his service-connected disabilities preventing him from obtaining or retaining substantially gainful employment.,Financial assistance for automobile or other conveyance and adaptive equipment is denied due to the Veteran's ability to drive and ambulate despite his service-connected disabilities.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.