Radiculopathy & sciatica decisions — 2020

The Board has remanded the case due to inadequate medical opinions regarding informed consent and causation of the Veteran's lumbar spine disability. The claims for compensation under 38 U.S.C. § 1151, TDIU, and SMC are also being remanded.

The Veteran's appeal is being remanded due to the need for a new VA examination and opinion regarding her eligibility for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only. The matter will be reconsidered based on the results of this new examination.

The Veteran's claims for increased ratings of his left knee degenerative arthritis, degenerative arthritis of the spine with IVDS at L4-S1, paralysis of the left sciatic nerve, and paralysis of the left femoral nerve are being remanded due to incomplete medical records and the need for a VA examination.

The Veteran withdrew all appeals related to the issues of rating his left lower extremity radiculopathy, right lower extremity radiculopathy, left knee sprain, and left knee instability. As a result, these matters are dismissed.

The Veteran's lumbar spine disability is rated at 40 percent, and the increased ratings for left lower extremity radiculopathy are denied. The Veteran's other service-connected conditions have been assigned appropriate compensable disability ratings.

The Veteran's lumbar spine spondylosis with degenerative arthritis is granted service connection.,The Veteran's left lower extremity sciatic nerve radiculopathy and right lower extremity sciatic nerve radiculopathy are both granted secondary to his service-connected lumbar spine spondylosis with degenerative arthritis.,Service connection for bilateral hearing loss is remanded.

The Board has remanded the claims of service connection for upper right and left extremity peripheral neuropathy due to a lack of opinion regarding whether these conditions are related to diabetes mellitus or ischemic heart disease.

An initial 40 percent rating for low back disability is granted from January 11, 2014.,Separate 10 percent ratings are granted for RLE and LLE radiculopathy since January 24, 2015.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for a TDIU as his service-connected disabilities have not rendered him incapable of securing or following a substantially gainful occupation.

The Veteran's radiculopathy of the right and left lower extremities is rated at 40 percent each since May 25, 2012.

The Veteran's service-connected disabilities, including lumbosacral spine strain and degenerative disease, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee meniscectomy residuals, right knee patellofemoral syndrome, right knee recurrent subluxation, left knee patellofemoral syndrome, tinnitus, and other conditions, make him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's low back arthritis is granted a 40 percent rating, right lower extremity sciatic nerve radiculopathy is granted a 10 percent rating prior to December 15, 2015, and Meniere’s disease is granted a 30 percent rating from May 16, 2017. SMC based on housebound status is granted for the period January 1, 2016 to March 28, 2016.

The Veteran's appeal of service connection for sciatica, subluxation of the ribs, bilateral elbow disability, bilateral wrist/hand disability, bilateral ankle disability, pelvic disorder, residuals of an abdominal muscle injury, varicose veins (bilateral lower extremity), dizzy spells, balance impairment with assistive device, and difficulty swallowing has been dismissed.,The Veteran's appeal of service connection for a bilateral hip disability secondary to cervical, thoracic, and lumbar spine disabilities is remanded.

The Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy is being remanded due to the need for a new VA examination.

Entitlement to a rating in excess of 40 percent for lumbar spine degenerative disc disease with bulging disc, facet arthropathy, and degenerative spondylosis is denied.,For the appeal period prior to December 2, 2016, entitlement to higher ratings for right and left lower extremity radiculopathy was denied. For the appeal period between December 2, 2016 and October 18, 2019, entitlement to higher ratings for both conditions was also denied.,Entitlement to a 40 percent rating for right lower extremity radiculopathy beginning on October 18, 2019 is granted. Entitlement to a 40 percent rating for left lower extremity radiculopathy beginning on October 18, 2019 is also granted.

The Veteran's service-connected bilateral hearing loss and eye condition have been denied as they do not meet the criteria for a disability rating under VA regulations.,Service connection has also been denied for low back disorder, right lower extremity radiculopathy, and mood disorder.

The Board granted a higher rating of 20 percent for degenerative joint disease of the lumbar spine from October 1, 2009 to August 15, 2017. The Board denied increased ratings for right and left lower extremity radiculopathy throughout the appeal period.

The Board denied the Veteran's claims for service connection for skin rashes and sciatica, finding no new and material evidence to support these claims.

The Board denied the Veteran's claims for increased ratings for his right and left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis of all radicular groups.