Radiculopathy & sciatica decisions — 2020

The Veteran's claim for service connection for a back disability was denied. The Board found that the preponderance of evidence did not support finding that his current back condition began during active service or is otherwise related to an in-service injury.,For PTSD, the Veteran's claim for an initial rating in excess of 50 percent prior to May 21, 2012 was denied. The Board found that the severity, frequency, and duration of his PTSD symptoms did not more closely approximate total occupational and social impairment.

The Board has decided to remand the Veteran's claim for a higher rating for his lumbar spondylosis without radiculopathy due to inadequate examination and failure to comply with previous remand directives.

The Board has remanded the case due to a need for clarification regarding the Veteran's ability to secure and follow substantially gainful employment prior to July 8, 2020, based on his service-connected conditions. The AOJ is instructed to obtain medical records from the Veteran's correctional facility and request a VA medical opinion discussing the impact of his service-connected lumbar spine and right lower extremity radiculopathy disorders on his employability.

The Veteran's lumbar spine degenerative disc disease with IVDS to include degenerative joint disease was denied a rating in excess of 40 percent from April 23, 2019 to October 28, 2019.,The Veteran's sciatica of the left lower extremity was denied a rating in excess of 20 percent from April 23, 2019 to October 28, 2019.

The Veteran's right and left lower extremity sciatic nerve radiculopathy are each rated at 20 percent, while his right and left lower extremity anterior crural nerve radiculopathy are also rated at 20 percent. The Veteran is denied a higher rating for these conditions.,The Veteran's myofascial back pain syndrome is currently rated at 40 percent.

The Veteran's headaches are rated at a 50 percent disability rating, and he is granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has granted a 40 percent rating for the Veteran's right lower extremity (RLE) sciatic nerve radiculopathy, and assigned separate ratings of 20 percent each for his left lower extremity (LLE) femoral nerve radiculopathy. The other issues were denied.

The Board denied service connection for radiculopathy of the right lower extremity, an acquired psychiatric disorder (claimed as PTSD), sinusitis, chronic urinary tract infections, hypertension, and a back disorder due to lack of evidence linking these conditions to active duty service.

The Veteran's left ear mastoiditis, cervical spine degenerative disc disease (cervical spine disability), right upper extremity radiculopathy, and tension headaches have been granted. The Veteran's service connection for right ear hearing loss and right upper extremity radiculopathy secondary to cervical spine disability are remanded.

The Veteran's claims for service connection and TDIU were denied, with the effective date of all grants being February 2, 2016.

The Veteran's heart murmur has not been found to warrant a higher rating, and the effective date for service connection is set at May 7, 2008.,Service connection for right lower extremity radiculopathy was established in December 2017 with an initial 10% rating. The effective date remains December 8, 2017.

The Board has determined that the Veteran's thoracolumbar spine disability with associated bilateral lower extremity radiculopathy had onset during service and is related to his military service, granting service connection.

The Board has granted service connection for bilateral lumbar radiculopathy. The decision also notes that the issue of service connection for a left hip disability is remanded.

The Board has remanded the claims for right lower extremity radiculopathy and TDIU due to insufficient evidence from a previous VA examination, which is more than five years old. A new VA examination is needed to determine the current severity of the Veteran's condition.

The Veteran's appeals for service connection on the issues of tinnitus, cervical spine disorder, right arm radiculopathy, left arm radiculopathy, right hand radiculopathy, left hand radiculopathy, a right foot disorder, and a left foot disorder have been dismissed.

The Board denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses due to lack of emergency treatment and non-feasibility of VA facilities, despite his assertions.

The Veteran's initial rating for a low back disability from January 28, 2009 to September 30, 2019 was denied as the evidence did not meet the criteria for a higher rating based on limitation of motion. The Veteran's initial rating for a low back disability from October 1, 2019 was also denied as she did not meet the criteria for an increased rating due to limitation of motion.

The Veteran's claim for a higher rating for his low back disability, right and left knee DJD with limitation of flexion, and radiculopathy of the LLE prior to September 14, 2017 was granted. The effective date is not specified.

The Veteran's appeals for effective dates earlier than specific dates have been dismissed.,The Veteran's appeals for initial disability ratings in excess of specific percentages have also been dismissed.

The Board dismissed all the claims on appeal due to the death of the appellant.