Radiculopathy & sciatica decisions — 2020

The Board has remanded the Veteran's claims for increased ratings for her lumbar spine disabilities due to new evidence received since the May 2020 Supplemental Statement of the Case.

The Board denied the Veteran's claims for earlier effective dates prior to October 28, 2008 for the grant of service connection for right and left lower extremity radiculopathy. The effective date was set at October 28, 2008 based on the claim for an increased rating for back disability.

The Board has reopened the Veteran's claims for service connection for lower back condition and left leg numbness, but finds that further development is needed to determine if these conditions are related to his military service.

The Veteran's claims for increased ratings and service connection have been denied. The lumbar spine disability is rated at 10% prior to November 23, 2015 and 20% beginning that date. RLE radiculopathy is rated at 10% prior to November 23, 2015 and 20% beginning that date. LLE radiculopathy has not been service connected.

The Veteran's disability rating for left lower extremity radiculopathy was restored to 20 percent effective July 1, 2015. The claim for a higher rating remains pending.

The Veteran's appeal for an earlier effective date for the grant of service connection for left sciatic nerve radiculopathy has been dismissed. The Board also remanded several other issues related to his back condition and lower extremity radiculopathy.

The Board has granted service connection for degenerative arthritis of spine with spondylolisthesis and left leg disability manifested by motor weakness, foot drop, and radiculopathy on a causation basis. The case is remanded for further action regarding bilateral hearing loss.

The Veteran's left lower extremity sciatica is rated at 40 percent effective December 28, 2011. The right lower extremity radiculopathy was rated at 20 percent from December 28, 2011 to February 2, 2020 and then at 40 percent thereafter.

The Veteran's claims for increased ratings of his thoracolumbar degenerative arthritis and disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and right shoulder degenerative joint disease with strain are being remanded due to the need for additional examinations and evaluations.

The Board has remanded the claims for service connection for migraine headaches and sinusitis due to inadequate examination reports. The asthma claim is denied as there is no current diagnosis of sciatica or asthma, and the Veteran does not meet criteria for increased ratings.

The Board has granted service connection for carpal tunnel syndrome of the right and left upper extremities, a neurological disability of the right elbow (right cubital tunnel syndrome), and a cervical spine disorder with radiculopathy. The Board denied service connection for a right shoulder disorder and a left shoulder disorder.

The Board has granted service connection for radiculopathy of the bilateral lower extremities, but denied service connection for a bilateral vision disability, COPD, hypertension, and for a disability manifested by insomnia.,Service connection was also denied for a seizure disorder, a right shoulder disability, a cervical spine disability, varicose veins, and for a gastrointestinal disability.

The Board denied the Veteran's claims for service connection for a cervical strain and radiculopathy of the right upper extremity, finding insufficient evidence to support these claims as secondary to his service-connected right shoulder injury.

The Veteran's lumbar strain and left lower extremity radiculopathy are rated at 20 percent, effective October 15, 2019. The right knee strain and left knee strain remain rated at 10 percent.

The Veteran's service-connected disabilities have met the percentage requirements for a TDIU, and his education and occupational experience qualify him to perform gainful employment. The Board finds that reasonable doubt must be resolved in favor of the Veteran due to his unemployability caused by his service-connected conditions.

The Board has remanded the Veteran's claims for increased ratings and effective dates due to incomplete development and issuance of a statement of the case.

A 30 percent rating for cervical spine is granted.,A 40 percent rating for radiculopathy, left upper extremity from September 15, 2014 is denied.

The Veteran's thoracolumbar degenerative disc disease with spondylosis is not rated higher than 20 percent prior to March 6, 2017 and 40 percent thereafter.,The Veteran's radiculopathy affecting the left leg is not rated higher than 10 percent prior to November 29, 2017 and 20 percent thereafter. The right leg radiculopathy is not rated higher than 10 percent.

The claim for a higher rating than 10 percent for lumbosacral disc disease with left leg sciatica is denied. The claims for service connection for sleep apnea and TDIU are remanded.

The Veteran's claims for increased ratings for left and right upper extremity radiculopathy, as well as his cervical spine disability, were denied. The Board found that the evidence did not support a higher rating than 20 percent for bilateral upper extremity radiculopathy and 30 percent for cervical spine disability.