Radiculopathy & sciatica decisions — 2020

The Veteran's claim for increased ratings for his service-connected traumatic arthritis of the lumbar spine and radiculopathy of the left lower extremity was denied. However, a separate rating of 20 percent for radiculopathy of the left lower extremity from June 29, 2017 onwards is granted.

The Veteran is unable to secure or maintain substantially gainful employment due to his service-connected disabilities, including bipolar disorder and physical impairments.

Service connection for Lyme disease, GERD, bilateral plantar fasciitis with degenerative changes, left wrist CTS with cervical radiculopathy, and right wrist CTS is denied.,An initial compensable rating (10%) for GERD is denied. The Veteran's GERD has been well-managed with medication.

The Board has remanded the Veteran's claims for GERD, right and left lower extremity radiculopathy, and TDIU due to insufficient evidence in some cases. The Veteran will need a VA examination for his GERD and possible additional diagnoses, as well as an examination to determine if he has bilateral lower extremity disorders or functional impairment related to service-connected disabilities.

The Board has granted a 40 percent initial evaluation for the Veteran's service-connected radiculopathy of the right lower extremity, effective from October 9, 2018. The criteria for this rating are met based on moderate incomplete paralysis of the nerve.

The Board has decided that the Veteran's claims for service connection for bilateral upper and lower cervical radiculopathy as secondary to neck and back disabilities, respectively, should be remanded due to a duty to assist error in the February 2019 VA examination.

The Board has remanded the claims for a higher initial rating and effective date determinations due to the need to adjudicate the claim of entitlement to temporary total ratings based on surgical treatment of a service-connected lumbar spine disability requiring convalescence.

The Board has granted service connection for a chronic lumbar spine disability with bilateral lower extremity radiculopathy, but denied service connection for a chronic muscle spasm disorder.

The Board has denied service connection for lumbar degenerative joint and disc disease with residuals of lumbar fusion laminectomy, right lumbar radiculopathy, and left lumbar radiculopathy as the evidence does not support a finding that these conditions are related to service or any service-connected disability.

The Board denied the Veteran's claim for service connection of a left shoulder condition, finding that it is not etiologically related to his service-connected pulmonary tuberculosis.

The Veteran's lumbar spine disability was granted a 20% rating effective August 27, 2019. His right and left lower extremity radiculopathy were also rated at 10% each from that date.

The Board has denied the Veteran's claim for service connection for cervical spine radiculopathy, finding that there is no evidence of a current disability related to an in-service injury and that any current condition is more likely due to a workplace incident in 2003.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaption grant due to his inability to demonstrate permanent and total disability as defined by VA regulations.

The Board has decided that the Veteran's claims for increased evaluations of his left and right lower extremity neurological disabilities need further development due to incomplete medical records. The Veteran is asked to provide information about chiropractic treatment he received since filing his claim.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding his reported in-service injuries and self-medication.

The Veteran's claim for service connection for right lower extremity radiculopathy was granted effective June 27, 2019. The Board found that the evidence supported a grant of service connection for this condition as part of his original claim for back disability and associated left lower extremity radiculopathy.

The Board has found that there are insufficient medical records to determine the etiology of the Veteran's claimed disabilities and thus remands for further development, including a VA examination.

The Veteran's claim for a higher rating for cephalgia is granted, and the original rating of 30% is restored. The claims for increased evaluations for PTSD and left lower extremity radiculopathy are denied.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for additional evidence.

The Board has granted service connection for hypertension and separate ratings for radiculopathy of the right and left lower extremities, secondary to thoracolumbar scoliosis. The attorney fees are based on the total award of past-due benefits awarded in the April 2019 rating decision, prior to withholding for military retired pay.