Radiculopathy & sciatica decisions — 2020

The Veteran's claims for service connection and increased ratings have been remanded due to the need for additional examinations and updated medical records.

The Veteran's back strain with intervertebral disc syndrome of the lumbosacral spine is granted a 20 percent disability rating from July 23, 2018 to July 22, 2019. On and after July 23, 2019, he is granted a separate 10 percent rating for right lower extremity lumbar radiculopathy associated with his service-connected back strain.

The Veteran's bilateral flat feet are related to his military service.,The Veteran’s right ankle disability, diagnosed as posterior tibial tendonitis and osteoarthritis, is related to his military service.

The Board denied service connection for various disabilities, including ankle, elbow, foot, hip, knee, shoulder, wrist, neck, back, GERD, hypertension, and eye conditions. The evidence did not show any in-service injury or incident that could be linked to these conditions.,There is no current evidence of a diagnosed disability related to the claimed ankle, elbow, foot, hip, knee, shoulder, wrist, neck, back, GERD, hypertension, or eye disabilities.

The Veteran's claims for service connection are remanded due to a duty to assist error. The VA medical opinions obtained prior to the November 2019 decision on appeal were inadequate and do not address the Veteran's lay statements or in-service reports of pain.

The Veteran's thoracolumbar spine strain with degenerative disc disease and joint disease is rated at 40 percent, which does not meet the criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding whether the condition warrants an increased evaluation. For his TDIU claim since May 18, 2011, the Veteran meets the requirements as he is unable to secure or follow substantially gainful employment due to service-connected disabilities.

The Veteran's lumbar spine disability is currently rated at 40 percent, the highest available rating based on limitation of motion. The Board finds no evidence to support a higher rating.,The Veteran's radiculopathy of the right lower extremity and left lower extremity are both currently rated at 10 percent.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy are being remanded for further evaluation due to the inadequacy of his most recent VA examination.

The Veteran's cervical spine, lumbar spine, and left knee disabilities are being remanded for further development.,Service connection is not granted for the residuals of a traumatic brain injury (TBI) or headache disability.

The Veteran's claim for a higher rating and earlier effective dates for his service-connected lumbar spine disability, radiculopathy of the lower extremities, has been granted. The effective date is set at December 13, 2012.

The Veteran's appeal is remanded for additional development to address his claims of increased ratings and effective dates.

The Veteran's TDIU claim prior to July 10, 2014 is being remanded for further review due to the physical limitations caused by his back and right leg disabilities.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis effective May 26, 2010. The decision found that the Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to this date.

The Board denied the veteran's claim for a total rating based on individual unemployability (TDIU) prior to March 31, 2014, finding that his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected disabilities, including radiculopathy of the left lower extremity, depressive disorder, lumbar spine disability, right knee disability, and left foot plantar fasciitis, have rendered him unable to obtain or maintain substantially gainful employment as of August 1, 2019.

The Board has decided to remand the claims for further development due to the Veteran's failure to appear for an examination, and to obtain a medical opinion regarding the etiology of his claimed disabilities.

The Board has remanded the claims for a rating in excess of 20 percent for lumbosacral strain, left and right lower extremity radiculopathy, as well as entitlement to a TDIU prior to April 23, 2019. The Veteran is required to undergo an examination to assess the current severity of his service-connected back disability and radiculopathy.

The Board denied service connection for a low back disorder, finding that the condition is not related to service and does not meet the criteria for direct service connection.

The Veteran's service-connected peripheral neuropathy of the right femoral, left femoral, right sciatic, and left sciatic nerves were granted effective from February 20, 2013.,The Veteran's service-connected peripheral neuropathy of the left radial and right radial nerves were also granted effective from February 20, 2013.

The Board has denied service connection for dizzy spells and headaches, finding that the current symptoms are not related to the in-service episode of vasovagal syncope and closed head injury. The claims for sciatica with scoliosis of the lumbar spine, right knee disorder, left knee disorder, and bilateral foot condition are remanded for further examination.