Radiculopathy & sciatica decisions — 2020

The Veteran's claims for higher ratings for left and right upper extremity peripheral neuropathy were denied as the evidence did not support a rating in excess of 30 percent or 40 percent, respectively.,Higher ratings for sciatic nerve peripheral neuropathy of the left and right lower extremities were granted at 40 percent each.

The Veteran's back disability is being remanded for a new examination to comply with the requirements of 38 C.F.R. § 4.59, which mandates range of motion studies in both active and passive motion, and in weight-bearing and nonweight-bearing.

The Veteran's claim for special monthly compensation at the housebound rate is granted, effective October 22, 2013. The decision is based on his service-connected psychiatric disability and other disabilities reaching a combined total of 60 percent or greater.

The Veteran's petition to reopen his claim for residuals of a back injury was denied, as the new evidence did not relate to an unestablished fact necessary to substantiate the claim.,His petition to reopen his claim for right arm condition was granted, as the new evidence related to an unestablished fact (the etiology of the right arm condition) and raised a reasonable possibility of substantiating the claim.

The Board has denied the Veteran's claims for service connection for migraine headaches, an increased rating for lumbar spine degenerative arthritis, and an increased rating for right lower extremity radiculopathy. The evidence does not support a finding that these conditions are related to active service.

The Veteran's TDIU claim for the period from March 1, 2010 to April 30, 2010 is granted. The Veteran's service-connected low back disability and migraine headaches rendered her unemployable during this period.

The Veteran's service-connected erectile dysfunction is granted as secondary to hypertension. His neurogenic bladder and right lower extremity radiculopathy are both rated at the maximum allowable under VA guidelines.

The Veteran's disability ratings for lumbosacral spine strain with DDD and associated left leg radiculopathy were properly reduced from 40% to 20% and 20% to 0%, respectively, effective April 1, 2014.

The Board has remanded multiple issues for further development, including service connection claims and rating determinations. The Veteran's claims are being returned to the AOJ for additional development.

The Veteran's right lower extremity radiculopathy was granted an increased rating of 20 percent for the period prior to June 24, 2014. For the period after June 24, 2014, a higher rating is denied.

The Veteran is granted a disability evaluation of 40 percent for radiculopathy in the right lower extremity, effective from September 4, 2019.,His low back disability remains at a 20 percent rating.

The Veteran's claims for earlier effective dates and increased ratings have been denied.,The Veteran was granted service connection for tinnitus and bilateral hearing loss on April 16, 2018. The right shoulder strain rating has been increased to 20 percent since June 26, 2018. Service connection for left lower extremity radiculopathy was established on the same date.,The Veteran's bilateral hearing loss and tinnitus have no effective dates earlier than April 16, 2018.,Right shoulder strain has an effective date of June 26, 2018. The left lower extremity radiculopathy was granted service connection on the same date.,The Veteran's left hamstring injury residuals and lumbar strain have no effective dates earlier than April 16, 2018.,Left knee strain has an effective date of June 26, 2018. The Veteran's right shoulder strain rating was increased to 20 percent on the same date.,The Veteran's lumbar strain and left knee strain have no effective dates earlier than April 16, 2018.

The Board is remanding the case to consider whether the Veteran's sciatica of the left lower extremity can be linked as secondary to his back/lumbar spine disability, which has not been service connected.

The Board denied the Veteran's claims for service connection for left lower extremity radiculopathy as secondary to her left knee patellofemoral syndrome and TDIU due to her service-connected disabilities. The evidence did not show a current diagnosis of left lower extremity radiculopathy, and the VA examiners concluded that the Veteran’s symptoms were related to her musculoskeletal disability rather than a neurological condition.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and left knee disability have been denied. The current evaluations of 60 percent for the radiculopathy and 10 percent for the left knee are found to be appropriate based on the severity of symptoms and functional limitations.

The Board has remanded the case due to non-compliance with previous directives and for additional examination.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability is denied. The Veteran's claim for TDIU prior to July 6, 2016 is granted.

The Board has remanded the claims for additional development, including obtaining VA treatment records and scheduling examinations. The Veteran's service-connected disabilities are to be evaluated further.

The Veteran's claim for service connection for leukopenia has been denied as it is not a disability for which VA benefits can be awarded.,The Veteran's appeal for an initial rating in excess of 0 percent for bilateral hearing loss has been dismissed due to his withdrawal of the appeal.

The Board has remanded the case for further development, including restoring a 60 percent rating for the Veteran's service-connected back disability and determining appropriate ratings for left leg radiculopathy. The VA must also conduct additional examinations to assess the severity of the Veteran's disabilities.