Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected migraine headaches are rated at 30 percent, which is the maximum rating available under Diagnostic Code 8100. The Veteran’s lumbar strain and degenerative disc and joint disease, left lower extremity radiculopathy, respiratory disorder (bronchitis), and gastrointestinal disorder (chronic constipation) have all been granted service connection.

The Board denied the Veteran's request for an earlier effective date of August 11, 2014 for his TDIU award due to insufficient evidence showing he was unable to secure or maintain substantially gainful employment prior to that date.

The Veteran's service-connected disabilities, including coronary artery disease, PTSD, and peripheral neuropathies, prevented him from securing or maintaining substantially gainful employment from August 12, 2015, to February 6, 2019. As a result, the Board granted a TDIU during this period.

The Board denied the Veteran's request to restore a 20 percent rating for her cervical spine radiculopathy of the right upper extremity, effective May 8, 2019. The reduction was proper as there was an improvement in her disability and she did not have any sensory deficits or functional impairment.

The Veteran's IHD, cervical spine degenerative arthritis and associated neck scars, bilateral upper extremity radiculopathy, and TDIU were granted effective January 27, 2017.,SMC at the housebound rate was not granted due to lack of additional service-connected disabilities independently ratable at 60% or more.

The Veteran's lumbosacral strain, right and left lower extremity radiculopathy (sciatic nerve) are rated at 40 percent from February 21, 2012 to October 14, 2019. The Veteran is granted a total disability rating due to individual unemployability effective February 21, 2012 and basic eligibility for Dependents' Educational Assistance (DEA) benefits beginning February 21, 2012.

The Veteran's appeal was dismissed because her Notice of Disagreement (NOD) did not clearly identify the specific issues she wanted to appeal.

The Board has remanded the cases for further development and consideration, including obtaining an addendum opinion from the VA examiner to retrospectively assess the Veteran's lumbar spine disability from January 29, 2010, through October 21, 2019.

The Board has decided that further development is necessary to determine if the Veteran's lumbar spine condition is secondary to his service-connected left shoulder disability.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, beginning July 20, 2015. The Board granted the TDIU claim based on all reasonable doubt being resolved in favor of the Veteran.

The Veteran's claims for service connection and increased ratings were denied. Service connection was not granted due to lack of a current disability, and the Board found no evidence linking her symptoms to service or service-connected conditions. The claim for an increased rating for hallux valgus of the right foot, post-operative, was also denied as there is no evidence showing that the condition has worsened beyond what is expected with normal aging.

The Board has remanded two issues: entitlement to service connection for lumbar degenerative joint disease with intervertebral disc syndrome and radiculopathy, and entitlement to service connection for radiculopathy of the left lower extremity. The Veteran's claims are being remanded due to missing in-service treatment records and an inadequate medical opinion.

The Veteran's claim for an effective date prior to August 22, 2018 for the grant of service connection for adjustment disorder has been denied.,The Veteran's claim for a disability rating in excess of 50 percent for his adjustment disorder with depressed and anxious mood is remanded due to lack of evidence of current severity.,The Veteran's claim for service connection for neck pain, claimed as C8-T1 radiculopathy secondary to left shoulder dislocation with traumatic arthritis, is also remanded.

The Veteran's claim for service connection for a back disorder was granted, but his claim for compensation under the provisions of 38 U.S.C. § 1151 for residuals of back surgery was remanded due to insufficient evidence.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has reopened and granted service connection for several conditions, including bilateral hearing loss, tinnitus, lumbar spine disability, left ankle disability, right ankle disability, bilateral shin splints, neuropathy of the lower extremities, and radiculopathy. The claims were previously denied due to lack of current disabilities or no disease/injury in service.

The Veteran's back and neck disabilities are not related to service or Agent Orange exposure. His hypertension is related to service. The right knee, abdominal pain (IBS), GERD, and dysphagia issues have been remanded for further review.

The Veteran's radiculopathy of the left lower extremity (sciatic nerve) was rated at 10% from November 5, 2012 to October 8, 2013 and increased to 40% effective October 8, 2013. The right lower extremity radiculopathy was initially rated at 10%, effective November 29, 2013, and later increased to 20% from January 8, 2015.

The Board has found that there was not substantial compliance with the previous remand directives and requires another remand for further development, including obtaining an addendum opinion from a VA neurologist.

The Board has granted a 40 percent rating for the Veteran's lumbar strain and radiculopathy of the right lower extremity as of February 10, 2020. Prior to this date, the disability was rated at 20 percent.