Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities prevent her from obtaining and maintaining substantially gainful employment, granting a total disability rating based on individual unemployability (TDIU) for the entire appellate period.

The Board denied the Veteran's claims for increased ratings for his low back condition and right lower extremity radiculopathy, finding that the evidence did not support a higher rating based on functional impairment or additional neurological abnormalities.

The Veteran's claims for higher ratings and earlier effective dates for peripheral neuropathy of the left lower extremity, sciatic nerve, right lower extremity, sciatic nerve, left lower extremity, femoral nerve, and right lower extremity, femoral nerve have been denied.,Effective August 13, 2019, a 20 percent rating was granted for peripheral neuropathy of the left lower extremity, sciatic nerve. Effective October 18, 2019, ratings in excess of 20 percent were denied for all conditions.

The Board denied initial ratings higher than 10 percent for right lower extremity radiculopathy and higher than 20 percent for left lower extremity radiculopathy.

The Board has reopened the claim for service connection for lumbar spine DDD and granted it, finding that there is new and material evidence showing a nexus to in-service military training. The Veteran's current lumbar spine arthritis and DDD with radiculopathy are presumed related to his active duty service.

The Veteran's right lower extremity radiculopathy was previously rated at 20 percent, but has been reduced to 10 percent effective May 11, 2017. The claim for a higher rating prior to this date is denied.,The Veteran's left lower extremity radiculopathy with foot drop remains rated at 40 percent from November 6, 2017 onwards and the claim for a higher rating is denied.

The Board denied the Veteran's claim for service connection for degenerative arthritis of the spine, spondylolisthesis, and lumbosacral spine strain with bilateral radiculopathy (claimed as sciatic nerve condition), finding that there was no nexus between his current conditions and his military service.

A disability rating of 40 percent but no more, prior to January 15, 2020, for a lumbar spine disorder is granted.,A disability rating in excess of 40 percent since January 15, 2020, is denied. The Veteran's right lower extremity radiculopathy has been rated at 10 percent prior to January 15, 2020 and is not on appeal.

The Veteran is granted an initial 20 percent rating for radiculopathy of the right lower extremity, effective from September 14, 2016.,The Veteran is granted an initial 30 percent rating for a headache condition, effective from October 26, 2011.

The Veteran is currently in receipt of a 20% disability rating for radiculopathy of the left lower extremity, effective April 6, 2016. The Board has granted an earlier effective date of April 6, 2016, but denied an earlier effective date than that.,The Veteran is also in receipt of a separate 20% disability rating for radiculopathy of the right femoral nerve, effective January 31, 2008. The Board has not addressed this issue on appeal.

The Veteran's claim for benefits under 38 U.S.C. § 1151 for additional disability caused by treatment received at a VA facility in November 2014 was denied due to the lack of evidence showing that the carelessness, negligence, or similar instance of fault on the part of VA proximately caused his disabilities. The Veteran's claim for TDIU was also denied as he does not have any service-connected disabilities.

The Veteran's initial 40 percent evaluation for left lower extremity radiculopathy is granted, with the condition more nearly approximating moderately severe incomplete paralysis of the sciatic nerve.

The Veteran's degenerative disc disease of the lumbar spine at L5-S1 is now rated at 40 percent from May 4, 2018. His right and left lower extremity radiculopathy are each rated at 30 percent beginning May 4, 2018.

The Board denied the Veteran's claim for service connection for radiculopathy of the left upper extremity, finding that it is not secondary to his service-connected right shoulder disorder.,The Board also denied the Veteran's claim for service connection for a right foot disorder (sinus tarsi syndrome and arthritis), concluding that there is no evidence linking these conditions to his military service.

The Board has decided to remand the cases for further development and consideration. The Veteran's claims of service connection for various conditions, including a right shoulder disability, cervical spine DJD, cervical radiculopathy, and diabetes mellitus type II are being returned to the AOJ for additional examination and opinion.

The Board has granted earlier effective dates of July 10, 2003 for the awards of service connection for right and left upper extremity cervical radiculopathy.

The Veteran's PTSD symptoms prior to March 7, 2016 did not meet the criteria for a 100% rating due to insufficient occupational and social impairment.,The Veteran’s lumbar arthritis has not resulted in unfavorable ankylosis of the entire thoracolumbar spine.

The Board has granted special monthly compensation for loss of use of the left foot beginning September 30, 2016, due to service-connected disability.

The Board dismissed all claims due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of these appeals at this time.

The Board has remanded the case due to incomplete medical opinions and further development is needed before a decision can be made on the Veteran's TDIU claim.