Radiculopathy & sciatica decisions — 2020

The Board has determined that the Veteran's RUE radiculopathy is properly rated at 20 percent since January 8, 2018. The appeal for a higher rating or an earlier effective date is denied.

The Veteran's TDIU claim is remanded due to inadequate medical evidence and outstanding VA treatment records. The Board requires new examinations to assess the impact of his service-connected conditions on his ability to work.

The Veteran's back disability was rated at 20 percent prior to January 22, 2020 and denied for a higher rating. Since then, the disability has been rated at 40 percent due to limited range of motion.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative disc disease with osteoarthritis of the lumbar spine with lumbar scoliosis. The Board also restored the Veteran's 20% rating for his service-connected lumbar spine disability.

The Board has remanded the cases for additional development due to inadequate medical opinions and uncorroborated stressor events. The Veteran's PTSD is being reviewed again, including consideration of service-related stressors and a current diagnosis of major depressive disorder (MDD). The neck disability case is also being reviewed with consideration of continuous symptoms since service.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not show unfavorable ankylosis of the lumbar spine or current neurological impairments other than service-connected sciatica, and thus no higher rating was warranted.

The Board has remanded the TDIU claim due to inadequate VA medical opinions addressing the cumulative effects of the Veteran's service-connected disabilities on his employability. A new opinion is needed.

The Veteran's claims for increased ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating at any time from February 22, 2014.

The Veteran's hypertension, bilateral lower extremity radiculopathy associated with DDD of the lumbar spine, and bilateral knee arthritis have been granted service connection. Service connection for a bilateral shoulder disability and bilateral ankle disability has not been established.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to March 8, 2019. The Board finds that the evidence is at least in equipoise regarding his unemployability due to these conditions.

The Veteran's claims for increased ratings are remanded due to the need for a new VA examination.

The Board has determined that additional examinations are needed for the Veteran's lumbosacral strain, scars, and bilateral hearing loss due to the lack of recent VA examination findings. The claims for increased evaluations and TDIU on an extraschedular basis are also remanded.

The Veteran's PTSD is granted a 70 percent rating, but no higher. Service connection for right shoulder disability, lumbosacral spine disability, and radiculopathy of the bilateral lower extremities are remanded.

The Veteran's claims for increased ratings for his lumbar degenerative disc disease and associated radiculopathy of the left lower extremity have been denied. The Board found that the evidence did not support a higher rating than the current 10% or 40% assigned.

The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as the separate radiculopathy disabilities, are remanded. Additionally, the claim for service connection for bilateral thrombophlebitis is also remanded.

The Board dismissed all appeals for service connection due to the Veteran's withdrawal of his claims.

The Veteran's claims for PTSD and bilateral lower extremity radiculopathy were denied effective dates prior to February 9, 2011.,Increased disability ratings for left and right lower extremity sciatic radiculopathy are also denied.,The Veteran's entitlement to SMC based on housebound status is denied as he does not meet the criteria.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support higher disability ratings or a separate rating for radiculopathy of femoral nerves prior to October 13, 2017. For the period since October 13, 2017, the Veteran's claims for increased ratings and TDIU were remanded.

The Board has remanded the Veteran's claims for residuals of meningitis, chronic headaches, low back disability, sciatica of the lower extremities, and left ankle disability due to in-service injuries. The issues are being remanded for further development including obtaining medical records and conducting examinations.

The Veteran's radiculopathy of the left lower extremity was initially rated at 10% prior to March 2, 2017. From March 2, 2017, a higher 20% rating is granted.