Radiculopathy & sciatica decisions — 2020

The Veteran's tinnitus is granted as service-connected, with a grant of service connection for bilateral hearing loss denied.,Prior to January 8, 2020, the Veteran's cervicogenic tension-type headaches are not rated higher than 30 percent. Effective from January 8, 2020, his disability rating is increased to 50 percent.,TDIU was granted prior to November 2, 2015.

The Board has determined that additional examinations are needed to assess the severity of the Veteran's postoperative DDD of the thoracolumbar spine with strain and RLE radiculopathy, as well as any related peripheral nerve involvement. The issues are all inextricably intertwined and must be remanded for concurrent consideration.

The Veteran's claims for increased ratings for left lower extremity sciatica and right lower extremity radiculopathy disabilities are remanded due to missing VA treatment records from before July 25, 2014.

The Veteran's right lower extremity radiculopathy is rated at 20% effective November 18, 2019. The claim for GERD service connection is denied. The claims for lumbar spine and left knee DJD are remanded.

The Veteran's 20 percent rating for left lower extremity radiculopathy is restored, effective December 10, 2019. A TDIU from October 10, 2007 to April 21, 2010 is granted.

Effective September 2, 2014, the Veteran is granted special monthly compensation (SMC) based on loss of use of both feet due to service-connected conditions including diabetes, peripheral neuropathy, and vascular disease.

The Veteran's claim for a higher rating for lumbar degenerative disc disease and spondylosis is denied as his disability does not meet the criteria for a higher rating under VA regulations.

The Board has denied the Veteran's claims for service connection for a left wrist condition and left upper extremity cervical radiculopathy, finding that there is no current diagnosis of these conditions separate from his already service-connected left cubital tunnel syndrome.

The Board has determined that the Veteran's claims for increased ratings and TDIU are not ready for decision due to inadequate VA examinations, and thus these issues must be remanded for further development.

The Veteran's bilateral upper extremity radiculopathy and lower extremity paresthesia are not service-connected.,The Veteran's hemorrhoids were resolved, and his gastrointestinal (GI) disorder other than GERD is not service-connected.

The Veteran's TDIU claim has been granted with an effective date of October 20, 2015. The Board also remanded the Veteran's claims for increased ratings for his back and leg conditions.

The Veteran's claim for an earlier effective date for the award of service connection for radiculopathy of the bilateral upper extremities was denied. The evidence did not show that cervical radiculopathy existed prior to November 23, 2009.,The Veteran's claim for an earlier effective date for his TDIU was also denied. His TDIU award was granted on November 23, 2009, and the current effective date remains January 18, 2005.

The Veteran's claim for a rating in excess of 10 percent for feet, multiple callous and surgical procedures was denied. The application to reopen the right knee disability claim was also denied.,The claims for ratings in excess of 20 percent for left lower extremity radiculopathy (femoral nerve) and sciatic nerve associated with degenerative joint disease, lumbosacral spine, status post discectomies were remanded. The claim for a rating in excess of 10 percent for left knee ligamentous strain with periodic pain and swelling was also remanded.

The Veteran's back disability and radiculopathy of the lower extremities are rated at 40 percent before August 10, 2015. The rating for his back disability is granted, while ratings for his radiculopathy of the left and right lower extremities remain at 40 percent.

The Veteran's lumbar spine disability is currently rated at 20 percent for the period prior to March 19, 2018 and at 40 percent thereafter. The Veteran's radiculopathy of the left lower extremity is also rated at 20 percent.,For the period prior to September 6, 2018, the Veteran's depressive disorder was rated at 30 percent; since then, it has been rated at 70 percent.

The Veteran's claims for increased ratings for lumbar degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy were denied as the evidence did not support a rating in excess of 20 percent for the lumbar condition or higher than 10 percent for the lower extremity radiculopathies.

The Board has remanded the cases for additional development, including obtaining private treatment records and arranging for an addendum opinion regarding the Veteran's PTSD diagnosis.

The Veteran's TDIU claim was granted as of August 30, 2010, based on his service-connected disabilities making it impossible for him to secure and follow substantially gainful employment.

The Board has remanded the case due to unresolved issues regarding service connection for various conditions, including hypertension and sensory ataxia. The Veteran's claims for increased ratings on DDD of the cervical spine, LUE cervical radiculopathy, RUE cervical radiculopathy, and osteoporosis are also pending.

The Veteran's service-connected disabilities prevented him from obtaining and retaining substantially gainful employment, leading to a grant of TDIU.