Radiculopathy & sciatica decisions — 2020

The Veteran's claim for a TDIU prior to January 16, 2012 was denied as he had maintained full-time employment and earned more than the poverty threshold during that period.

The Board has remanded the claim of entitlement to service connection for migraine headaches due to a lack of an opinion regarding whether the Veteran's pain medications related to his service-connected neck and/or back disabilities have aggravated his migraines. The issue of service connection for bilateral sciatica was previously granted.

The Board denied service connection for cervical osteoarthritis with stenosis, radiculopathy of the bilateral upper extremities, and headaches.,There was no evidence linking these conditions to service or a service-connected disability.

For the entire period on appeal, the Veteran's lumbar spine disability has been rated at 40 percent and his radiculopathy of the left lower extremity has been rated at 20 percent.,Prior to July 20, 2016, entitlement to a TDIU was denied. From that date forward, the Veteran is granted a TDIU.

The Veteran's sciatica of the left lower extremity and radiculopathy involving the femoral nerve of the left lower extremity have been granted with ratings of 40% and 30%, respectively, effective from October 10, 2015 to October 20, 2019. The Veteran's service connection claim for arthritis of the left knee secondary to service-connected conditions has been remanded.

The Veteran's radiculopathy of the left lower extremity (sciatic nerve) is granted a rating of 20 percent from December 6, 2010 to September 11, 2013. The appeal for ratings in excess of 40 percent beginning on September 11, 2013 and for radiculopathy of the left lower extremity (femoral nerve) is denied. Ratings in excess of 20 percent for degenerative joint disease of the cervical spine are denied. Ratings in excess of 10 percent for right lower extremity (sciatic nerve) radiculopathy are also denied. The Veteran's PTSD from December 6, 2010 to February 5, 2020 is denied.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to lack of recent medical examinations, as well as for obtaining additional records.

The Veteran's claim for increased ratings for low back musculoligamentous strain and radiculopathy to the left and right lower extremities has been denied. The evidence shows that his range of motion is sufficient to meet a 10 percent rating, but does not warrant higher ratings.

The Veteran withdrew his appeals for service connection and increased ratings for various disabilities, including left ankle disorder, cervical spine disability, lumbar spine disability, hypertension, right wrist disability, left-hand disability, stress fracture of the mid right anterior tibia with traumatic arthritis, right proximal dorsal foot, left mastoidectomy with tympanoplasty, hemorrhoids, bilateral hearing loss, and radiculopathy of the lower extremities.

The Veteran's service-connected left lower extremity radiculopathy with foot drop results in loss of use of the left foot, qualifying for special monthly compensation (SMC) and eligibility for an automobile or adaptive equipment grant.

The Veteran's disability rating for lumbar radiculopathy, right lower extremity was reduced from 60 to 10 percent effective September 3, 2019. The Board finds that the reduction was improper and restores the prior 60 percent rating.

The Veteran's claims for lumbosacral strain, radiculopathy of the right arm and left arm (peripheral neuropathy), and anterior cervical discectomy and fusion spanning C5 to C7 are remanded due to a duty to assist error. The AOJ must obtain all identified private treatment records.

The Veteran's claim for a higher rating for his lumbar spondylosis with degenerative joint disease and lower extremity radiculopathy is granted. The TDIU claim is remanded due to the need for additional information on employment history.

The Board has granted earlier effective dates of April 17, 2014 for the award of radiculopathy of the right lower extremity and peripheral neuropathy of the left and right lower extremities. The issues of a rating in excess of 10 percent for a lumbar spine disability prior to October 18, 2017 and a rating of 30 percent since, and entitlement to TDIU are remanded.

The Veteran's lumbar spine disability and associated radiculopathy were denied increased ratings. The Veteran was granted a 40% rating for the lumbar spine disability effective November 29, 2019.

The Veteran's claim for a rating in excess of 20 percent prior to June 6, 2016, and in excess of 40 percent thereafter, for left lower extremity radiculopathy is being remanded due to the need for additional VA examination.

The Veteran's claim for a higher rating for his spondylosis L5-S1 with degenerative disc disease was denied, but he received a separate 20 percent rating for right lower extremity radiculopathy.

The Board has determined that the Veteran's current lumbar spine disability had its onset during active service, and therefore grants his claim for service connection.

The Board denied service connection for heart disability (arrhythmia and hypertension) and right shoulder disability, finding no evidence of a current condition related to service. Service connection was granted for left shoulder radiculopathy secondary to cervical spine disability.

The Veteran's right and left lower extremity radiculopathies are granted at 60 percent ratings, effective June 24, 2019. The Veteran’s back disability is remanded for further evaluation.