Radiculopathy & sciatica decisions — 2020

The Board denied the Veteran's claim for service connection for right upper extremity radiculopathy, finding no evidence of a nexus between his current condition and active service or his service-connected cervical strain.

Your appeal has been dismissed as the Veteran elected Higher-Level Review, which is not within the jurisdiction of the Board.

The Veteran's service-connected back disability and radiculopathy did not render him unable to secure or follow a substantially gainful occupation prior to May 2, 2016.

The Board denied service connection for degenerative disc disease of the lumbar spine and radiculopathy of the left leg, finding that there was no evidence linking these conditions to military service. The Board also found that secondary service connection for radiculopathy could not be granted as the underlying DDD of the lumbar spine was not service-connected.

The Veteran's initial claim for a higher rating for intervertebral disc syndrome (IDS) from March 15, 2010 to September 26, 2017 was denied. From September 27, 2017, the Veteran is granted a 40 percent disability rating.,The Veteran's claim for an increased rating for radiculopathy of the right lower extremity associated with intervertebral disc syndrome (IDS) from September 27, 2017 to December 22, 2019 was denied. From December 23, 2019, a 40 percent disability rating is granted.,The Veteran's claim for an increased rating for radiculopathy of the right lower extremity associated with intervertebral disc syndrome (IDS) from September 27, 2017 to December 22, 2019 was denied.

The Board has remanded the Veteran's claims for service connection for a right foot condition and entitlement to TDIU due to her service-connected back disability. The Veteran is seeking service connection for a right foot condition that she believes is secondary to her service-connected back disability, and she also seeks an increased rating for her TDIU.

The Board has remanded the Veteran's appeals for additional development due to missing documents within the claims file, including additional evidentiary submissions or statements by the Veteran. The matter must be remanded in order to ensure compliance with the Board’s remand instructions.

The Veteran's thoracolumbar degenerative disc disease with intervertebral disc syndrome is rated at 10% prior to August 12, 2019 and 20% from that date.,The Veteran's right lower extremity radiculopathy is rated at 10% prior to August 12, 2019 and 20% from that date.

The Veteran's appeal for increased evaluations of his radiculopathy, left lower extremity and knee degenerative arthritis was dismissed. The issues of increased evaluations for left knee and right knee degenerative arthritis are remanded.

The Board has remanded the claims for further development due to inconsistencies in the May 2018 VA examination results and the need for another examination to assess the current severity of the Veteran's lumbar and lower extremity nerve disabilities.

The Veteran's claims for increased ratings and service connection have been remanded due to the failure of the Veteran to appear for VA examinations. The matter will be returned to the RO with instructions to obtain her VA treatment records, schedule her for another examination, and ensure that a copy of the notice letter is included in the file.

The Veteran's earlier effective date claims for left and right lower extremity radiculopathy prior to May 25, 2017 were denied.,The Veteran's claim for an evaluation in excess of 10 percent disabling for service-connected left lower extremity radiculopathy prior to December 3, 2019 was also denied.

The Veteran's bilateral facet disease of the lumbosacral spine is rated at 10 percent prior to October 20, 2010 and 20 percent thereafter.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent. A higher rating is not warranted.

The Board has granted service connection for right ulnar nerve entrapment and remanded the issues of left hand disorder, bilateral wrist radiculopathy, and left ulnar nerve entrapment.

The Board has determined that the Veteran does not have a current diagnosis of radiculopathy of the left lower extremity, and therefore denied their claim for service connection.

The Veteran's right and left lower extremity sciatica are rated at 10 percent, the maximum rating available under Diagnostic Code 8520. The Board finds that the evidence does not support a higher rating.

The Board has dismissed the appeals for TDIU, SMC, and ratings in excess of 10 percent for lower extremity radiculopathy due to the Veteran's death before a decision was made.

The Veteran's claims for increased ratings for his lumbosacral degenerative disc disease, right lower extremity radiculopathy, and right knee strain are being remanded due to the need for additional medical examinations and consideration of outstanding private treatment records.

The Veteran's appeal is remanded for additional development related to his skin disability and scar of the right foot.,His claim for a compensable rating for ankylosis, fibrous, partial of the metatarsophalangeal joint of the second toe, right foot, and his claim for service connection for a skin disability (to include fungal infection/tinea corporis) are also remanded.

The Veteran's cervical spine disability results in pain and limited forward flexion to at most 25 degrees. Service connection for left upper extremity radiculopathy is granted, effective April 13, 2012.,Service connection for right upper extremity radiculopathy is also granted, but the effective date remains pending further adjudication due to a TDIU claim being raised.,The Veteran's TDIU claim has been remanded and will be adjudicated separately.