Radiculopathy & sciatica decisions — 2020

The Veteran withdrew his appeals for service connection for radiculopathy of the right and left lower extremities, as well as TDIU prior to June 2, 2011.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that this rating is not warranted due to lack of ankylosis.,The Veteran's left lower extremity radiculopathy has been rated at 20 percent since October 1, 2008 and increased to 20 percent from March 12, 2019. The Board finds this rating is appropriate given the sensory symptoms of pain, numbness, and paresthesia.,The Veteran's right lower extremity radiculopathy has been rated at 20 percent since October 1, 2008. The Board finds that a higher rating is not warranted due to lack of motor function impairment or other neurological symptoms.

The Veteran's appeal for high white blood cell count service connection was dismissed.,Initial disability evaluations of 20 percent were granted for degenerative disc disease, left lower extremity sciatic radiculopathy, and right lower extremity sciatic radiculopathy prior to March 23, 2016.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for residual disability due to cervical spine surgery, finding that there was no evidence showing the disability resulted from VA carelessness or negligence.

The Veteran's service-connected disabilities do not result in a loss or loss of use other than an upper extremity, and he is not service-connected for a severe burn injury or amyotrophic lateral sclerosis. The Board finds that the Veteran does not meet the criteria for eligibility for specially adapted housing or special home adaptation.

The Veteran's left thigh nerve damage with sensory neuropathy of the sciatic, external popliteal, musculocutaneous, and anterior tibial nerves is rated at 20 percent prior to February 25, 2019 and 40 percent thereafter. A separate 10 percent rating is granted for left thigh nerve damage to the anterior crural (femoral) nerve.

The Veteran's lumbar spine disability is rated at 20 percent since January 30, 2018. From January 9, 2020 onward, a higher rating for the condition is denied.

The Veteran's thoracolumbar spine disability, radiculopathy of the right and left lower extremities, and right knee instability are all rated at their maximum schedular ratings. The Veteran is granted initial ratings for these conditions.

The Veteran's low back disability is granted a 40 percent rating prior to May 18, 2018. A separate 10 percent rating for left lower extremity sciatic radiculopathy is granted since December 10, 2008. The Veteran's claim for an increased rating in excess of 40 percent for the lumbar spine disability is denied.

The Veteran's service-connected disabilities, including major depression with PTSD and degenerative disc and joint disease of the lumbosacral spine, prevent her from securing and following a substantially gainful occupation.

The Board has remanded the Veteran's claims for a higher disability rating for his low back disability and bilateral lower extremity radiculopathy due to incomplete development of evidence, including obtaining VA examination reports.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining her private medical records.

The Veteran has been rendered unable to obtain or retain substantially gainful employment due to his service-connected disabilities since June 10, 2015.

The Veteran's low back disability was rated as 10 percent prior to June 10, 2019 and 20 percent from that date. The right lower extremity radiculopathy was rated as 20 percent since June 10, 2019.,Left knee strain was not granted a higher initial rating.

The Board has remanded the case due to inadequate examination and missing records, including physical therapy records. The Veteran's thoracic degenerative disc disease with lumbar spondylosis needs further evaluation.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to his death.

The Board has denied the Veteran's request for an earlier effective date for left lower extremity radiculopathy and has remanded the issue of service connection for right lower extremity radiculopathy.

The Veteran's radiculopathy of the right lower extremity is currently rated at 40 percent since January 3, 2020.,Prior to January 3, 2020, the Veteran was not entitled to a rating in excess of 20 percent for his radiculopathy of the right lower extremity.

The Veteran's initial disability rating for cervical spine degenerative joint disease status post fusion surgery is granted at a 30 percent level, but the appeal is remanded for further consideration of his TDIU claim.

The Veteran's left lower extremity sciatica is granted as being proximately due to his service-connected lower back disability. The Veteran's erectile dysfunction does not meet the criteria for a compensable rating.