Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for service connection and rating of his left arm disability, as well as his claims for a right knee disability and sciatic nerve impairment. The issues include determining whether he is entitled to an increased rating for his left arm limitation of motion, residual of injury, and whether he should be granted TDIU.

The Veteran's claim for an increased rating for her lumbar spine disability is denied. Her current 40% evaluation remains in effect, effective October 21, 2019.

The Veteran's service-connected right lower extremity radiculopathy is currently rated at 40 percent, effective February 21, 2020. The appeal for a higher rating prior to that date and the TDIU claim are denied.

The Veteran's low back disability is not service connected as secondary to his healed fracture of the left radius and ulna. However, he meets the criteria for a TDIU due to multiple disabilities including cervical spine and shoulder conditions.

The Veteran's lumbar spondylosis is rated at 40 percent effective July 15, 2009. The Board also granted a TDIU from July 15, 2009 to January 26, 2016.

The Veteran's lumbar degenerative joint and disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are rated at 10 percent each. The Board finds that a higher rating is not warranted for any of these conditions.,A separate compensable rating (10%) has been assigned for bilateral hearing loss.

The Board has denied the appellant's claims for service connection for a low back disability and bilateral lower extremity radiculopathy, finding that there is no evidence to support a link between these conditions and her active duty service.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examinations and missing medical records.

The Veteran's service-connected disabilities, including left ankle degenerative joint disease, right hip replacement, lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (IVDS), painful surgical scar due to hip replacement, lumbar radiculopathy of the bilateral lower extremities, and tinnitus, have prevented him from securing and maintaining substantially gainful employment.

The Board has remanded the Veteran's claim for service connection for degenerative disc disease of the lumbar spine with right lower extremity radiculopathy due to incomplete development and lack of a medical opinion.

The Veteran's appeals for increased ratings have been dismissed as he withdrew his claims in an Appeals Satisfaction Notice filed in August 2020.

The Veteran's back disability and bilateral sciatic nerve radiculopathies are rated at a 40 percent rating since August 29, 2007. The right femoral nerve radiculopathy is rated at 20 percent from July 13, 2015 to July 8, 2019 and at 20 percent thereafter. The left femoral nerve radiculopathy is rated at 20 percent since July 8, 2019.

The Veteran's claims for higher ratings, reopening of service connection claims, and effective date issues are being remanded due to the submission of new evidence that has not been reviewed by the AOJ.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a higher rating for tinea pedis with tinea cruris, as it did not cover more than 40% of his body or exposed areas. For other conditions, the preponderance of the evidence was against finding a direct relationship to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected conditions caused his obesity, which in turn contributed to his death. The VA needs to obtain a medical opinion on these issues.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, lumbar spine DDD, peripheral neuropathy of the bilateral lower extremities, and tinnitus, have precluded him from securing and following a substantially gainful occupation consistent with his education and work experience.

The Board has remanded the claims for service connection for right mid-thigh lower extremity amputation and entitlement to automobile or other conveyance and adaptive equipment or adaptive equipment only due to a lack of an adequate VA medical opinion regarding these issues.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board denied the Veteran's claim for an earlier effective date prior to August 7, 2013 for a rating of 20 percent for left lower extremity radiculopathy. The evidence did not show that his disability increased in severity within one year prior to filing his claim.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy, finding that the evidence did not meet the criteria for a schedular rating in excess of 20 percent.