Radiculopathy & sciatica decisions — 2020

The Board denied service connection for a bilateral shoulder disorder, RIGHT elbow disorder, and LEFT elbow disorder. Service connection was granted for left lower extremity radiculopathy / sciatica as secondary to a service-connected low back disorder. Temporary total ratings under 38 C.F.R. § 4.29 were denied due to lack of VA hospitalizations.

The Veteran's low back disability and left lower extremity radiculopathy have been granted, but the Board has denied ratings for other service-connected disabilities due to secondary service connection.

The Board denied service connection for a cervical spine disorder as the evidence did not show it was incurred or aggravated by military service.

The Veteran's service-connected disabilities, including her lumbosacral strain, right ankle, left lower radiculopathy and right wrist conditions, are considered one disability with a combined rating of 60 percent. The Board finds that the functional impairment associated with these disabilities precludes the Veteran from securing substantially gainful employment.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity prior to June 4, 2018, is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity from June 4, 2018, is rated at 20 percent, which meets the criteria for a higher rating.,The Veteran is not found to be unemployable due to his service-connected disabilities.

The Board denied the Veteran's claims for separate service connection of a disability manifested by radiating pain, numbness and decreased sensation in both feet, finding that such symptoms were related to his service-connected sciatica.

The reduction of the rating for right upper extremity radiculopathy with acromioclavicular joint bursitis and arthritis from 40 percent to 0 percent, effective November 1, 2015, was improper. The 40 percent rating is restored, effective November 1, 2015.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU. The claims for respiratory disorder and sleep apnea are remanded due to insufficient evidence.

The Veteran's lumbar spine intervertebral disc syndrome with degenerative arthritis and spondylosis is rated at 20 percent, effective October 1, 2019. The right lower extremity radiculopathy was initially denied a rating in excess of 10 percent prior to November 18, 2019 but granted a disability rating of 20 percent beginning on that date.

The Board denied the Veteran's claims for increased ratings for left and right lower extremity radiculopathy, as well as his claim for a TDIU. The Board found that the Veteran’s bilateral lower extremity radiculopathy is moderate in nature, not meeting the criteria for a higher rating.

The Veteran's service-connected disabilities, including his degenerative disc disease of the lumbar spine and associated radiculopathy, prevent him from securing or following substantially gainful employment. The Board finds that he is entitled to a total disability rating based on individual unemployability (TDIU) due to these conditions.

The Veteran's claims for service connection and increased ratings were all denied. The effective dates for the grants of service connection for PTSD and radiculopathy were also denied.

The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to December 7, 2010.

The Veteran's service-connected PTSD, cervical spine disability, and bilateral upper extremity radiculopathy have collectively prevented him from securing or following substantially gainful employment.

The Veteran's left lower extremity radiculopathy was granted a disability rating of 40 percent beginning February 8, 2018. Prior to that date, the condition was rated at 20 percent.

The Board has determined that the Veteran does not have any of the claimed conditions for VA purposes and therefore, service connection is denied.

The Board denied the Veteran's claim for service connection for a low back disability with sciatica, finding that there was no evidence to support a direct relationship between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection due to his service-connected left great toe and foot disabilities.

The Veteran's service-connected disabilities, including a below-the-knee amputation and multiple joint issues, have resulted in the loss of use of both lower extremities. The Board has ordered further development to determine if these conditions meet the criteria for specially adapted housing or special home adaptation grant.

The Veteran's claims for earlier effective dates for service connection of major depressive disorder, right and left lower extremity radiculopathy, and low back disability have been denied as there is no indication that the Veteran wished to file a claim prior to September 7, 2012, June 26, 2012, or June 26, 2012 respectively.,The Veteran's claims for earlier effective dates for service connection of right and left lower extremity radiculopathy have been denied as the prior rating decision implicitly denied these conditions when granting a higher rating for his low back disability.

The Board has remanded the Veteran's claims for service connection due to incomplete records and inadequate medical opinions. The issues include hypertension, low back disability including osteoporosis and degenerative disc disease (DDD), coronary artery disease, and sciatica of the bilateral lower extremities.