Radiculopathy & sciatica decisions — 2020

The Veteran's lumbar strain is rated at 40 percent and no higher, with separate ratings of 10 percent for radiculopathy of the right lower extremity from June 23, 2010, and for radiculopathy of the left lower extremity from that date. The Veteran's pseudofolliculitis barbae is rated at a non-compensable level.

The Board has remanded several issues related to the Veteran's service connection claims due to additional evidence being added to the record.

The Board denied the Veteran's claims for increased ratings for his service-connected right and left lower extremity radiculopathy, finding that the evidence did not support ratings in excess of the current 20 percent disability ratings.

The Veteran's service-connected disabilities, including right lumbar radiculopathy, left lower extremity radiculopathy, lumbar strain, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has referred the case for extra-schedular consideration as it may be sufficient to warrant an extraschedular TDIU.

The Veteran's claims for increased ratings for his low back disability and associated radiculopathy were denied. The criteria for higher ratings were not met in any of the periods specified.

The Board has determined that the Veteran's low back disability and bilateral lower extremity radiculopathy were not caused by VA clinicians' improper diagnosis or lack of treatment, but rather were due to a reasonably unforeseeable event during surgery. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Veteran's back disability, radiculopathy of the left and right lower extremities, and right shoulder disability are all granted as service-connected.,Service connection for a psychiatric disability is not established.

The Board has remanded the case due to insufficient medical evidence on whether the Veteran's current numbness in her hands is related to service. The VA examiner needs to provide an opinion regarding the cause of the Veteran’s hand numbness and its relation to service.

Service connection has been granted for cervical spine disability, right and left upper extremity radiculopathy. Service connection is denied for hypertension.,An increased rating of 20 percent for left lower extremity radiculopathy before March 23, 2020 was granted.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.,Specifically, the Board is requesting that SSA provide any underlying medical records used in their March 2012 decision on the Veteran's right lower extremity radiculopathy claim.

The Veteran's neck disability was granted a 30 percent rating prior to November 27, 2019.,A higher rating for the neck disability is denied from November 27, 2019 onwards.

The Board has decided to remand the case due to insufficient development, including a need for additional medical opinions regarding the Veteran's sciatic nerve and sacroiliac joint disorders.

The Veteran's TDIU and DEA benefits were granted effective June 10, 2018, as she met the criteria for a permanent and total service-connected disability at that time.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's right upper extremity disability, including his hand and wrist conditions. The case will be returned for further development.

The Board has denied the Veteran's claims for service connection for a low back condition, right lower extremity nerve pain, left lower extremity nerve pain, and left knee condition.

The Veteran's increased ratings for left and right lower extremity radiculopathy are denied.,The TDIU claim is remanded due to the need for further development.

The Veteran's residual scars from breast reduction surgery are rated at 30% effective July 15, 2019. The rating for chronic lumbar strain with facet arthropathy is granted but not in excess of 10%. Radiculopathy of the left lower extremity is separately rated at 20%.

The Veteran's lumbar spine disability is rated at 20 percent, with separate ratings for radiculopathies of the left and right lower extremities.,The initial rating for radiculopathy of the left lower extremity remains at 20 percent. The Board finds no basis to grant a higher rating.,From August 14, 2015, the Veteran's radiculopathy of the right lower extremity is rated at 20 percent. The Board finds no basis to grant a higher rating.,The Veteran's right shoulder disability is rated at 30 percent.

The Veteran's claims for service connection for radiculopathy of the left lower extremity and a left hip condition are being remanded due to procedural issues. The effective date for the award of service connection for radiculopathy of the left lower extremity is not yet determined.

The Board denied the Veteran's claim for service connection for a back condition, finding that there was no evidence to support a nexus between his current diagnoses and his military service.