Radiculopathy & sciatica decisions — 2020

The Veteran's initial claim for a higher rating for left lower extremity radiculopathy (sciatic nerve) was denied. The Board also found that the reduction in his rating for femoral nerve radiculopathy was improper and remanded to obtain clarification on its nature and severity.

The Board has determined that the Veteran's left lower extremity radiculopathy does not warrant a rating in excess of 20 percent, as his symptoms are consistent with moderate incomplete paralysis.

The Veteran's claims for radiculopathy of the left lower extremity and PTSD, unspecified depressive disorder are being remanded due to new evidence submitted since previous decisions. The Board will seek a medical opinion on whether these conditions are related to service.

The Veteran's TDIU claim is being remanded due to its inextricability with the ongoing increased rating claims under the Appeals Modernization Act (AMA). The initial evaluations for cervical spine stenosis and left radiculopathy of C5-6 roots are also on appeal.

The Veteran's right lower extremity radiculopathy is rated at 20 percent before July 23, 2018 and in excess of 20 percent from July 23, 2018. The Board has decided that the Veteran is not entitled to a higher rating for this condition.,The Veteran's lumbar spine disability is rated at 40 percent. The Board has decided that the Veteran is not entitled to an increased rating for this condition.,The Veteran's implanted cardiac pacemaker and his disability manifested by fatigue are both remanded due to inadequate examinations in previous decisions.,The Veteran's service connection claims for an implanted cardiac pacemaker and a disability manifested by fatigue are also remanded.

From November 6, 2019, the Veteran's service-connected left lower extremity radiculopathy is granted at a 20 percent evaluation.,From November 6, 2019, the Veteran's service-connected right lower extremity radiculopathy is granted at a 20 percent evaluation.,From December 19, 2019, the Veteran's service-connected right lower extremity radiculopathy is granted at a 40 percent evaluation.,,

The Veteran's claims for service connection and rating increases are being remanded due to the need for additional medical records and further examination.

The Veteran's claims for increased ratings were denied as his lumbar spine disability and associated radiculopathy did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's acquired psychiatric disorder is not rated higher than 30 percent.,The Veteran's neck condition does not meet the criteria for a rating in excess of 30 percent.,The Veteran's radiculopathy of the left upper extremity prior to August 20, 2014 is not rated higher than 20 percent.

The Veteran's NASH is granted as secondary to his service-connected diabetes mellitus.,A 40 percent rating for right upper extremity peripheral neuropathy is granted over the course of the appeal.,A 30 percent rating for left upper extremity peripheral neuropathy is granted over the course of the appeal.,A 40 percent rating for right lower extremity sciatica and a 40 percent rating for left lower extremity sciatica are granted over the course of the appeal.,Service connection for macular degeneration of the left eye, to include as secondary to diabetes mellitus, is remanded.,TDIU is remanded.

The Veteran's low back strain and sciatic nerve impairments are currently rated based on their functional limitations, with no specific rating assigned for the conditions.,The Board has determined that a remand is necessary to obtain an examination assessing the current severity of the Veteran’s lumbar radiculopathy of the right and left sciatic nerves.

The Veteran's degenerative disc disease, spondylosis, and spondylolisthesis of the lumbar spine, as well as his right and left lower extremity radiculopathy, have been granted a 20 percent evaluation for the entire appeal period.

The Veteran's bilateral varicose veins and related conditions are remanded for further evaluation. The TDIU claim is also remanded due to the inextricable interconnection with other pending claims.

The Board has vacated the January 2020 decision granting a 30 percent rating for radiculopathy of the left lower extremity and denied an increased rating exceeding 30 percent for service-connected radiculopathy of the left upper extremity.

The Board has determined that additional examinations and evaluations are needed to determine the nature and etiology of the Veteran's claimed conditions, including gout, low back disorder, right knee disorder, left knee disorder, right ankle sprain, lower extremity lumbar radiculopathy, gastrointestinal pain associated with Gulf War undiagnosed illness, and headaches associated with Gulf War undiagnosed illness.

The Veteran's left lower extremity radiculopathy has been granted a 20 percent rating. The cases of subcutaneous cyst of the lower back and tension headaches have been remanded for further review.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, effective October 13, 2016. The Board denied a higher rating as his disability does not meet criteria for a higher rating based on current symptoms.

The Veteran's left lower extremity sciatic radulopathy was denied a rating in excess of 10 percent prior to June 16, 2015 and from June 16, 2015 to September 30, 2019. From October 1, 2019 forward, the Veteran's sciatic radulopathy was denied a rating in excess of 60 percent.,The Veteran's low back disorder was denied a rating in excess of 10 percent prior to March 13, 2009 and from June 1, 2009 forward.

The Veteran's right and left lower extremity diabetic neuropathy are currently rated at 20 percent each, but the Board finds that a higher rating is not warranted.,Effective September 15, 2017 to September 18, 2019, the Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's low back disability and right lower extremity radiculopathy are currently rated, but his left knee replacement is being remanded for further development.