Radiculopathy & sciatica decisions — 2020

The Board has granted an earlier effective date for the grant of service connection for left and right lower extremity sciatica, but has also remanded the issue of entitlement to a higher initial rating for sciatica.

The Veteran's appeals for service connection for lumbar spine condition, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed as the claims were resolved in a May 2020 rating decision.

Effective dates of June 7, 2017 are granted for service connection of left and right lower extremity sciatic neuropathy and left and right upper extremity diabetic peripheral neuropathy.

The Veteran's headaches are rated at 50% due to very frequent, prostrating attacks that cause severe economic inadaptability.,For cervical strain, a rating of 40% is granted since January 31, 2018, and the initial rating prior to this date remains at 20%. The Veteran's radiculopathy from his neck disability is also service-connected.

The Board has denied service connection for hemorrhoids and remanded the claims for increased ratings of low back disability and bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted a TDIU based on this.

The Board has remanded the Veteran's claims for a higher rating in excess of 50 percent for PTSD and for TDIU due to service-connected disabilities. The VA must obtain all outstanding VA treatment records, including those scanned into the imaging system.

The Veteran's petition to reopen his previously denied claim for service connection for a traumatic brain injury is granted. The Board also remanded the claims of entitlement to service connection for a left lower extremity disorder and a rating in excess of 10 percent for status-post right thumb injury with arthritis.

The Board has denied service connection for cold injury residuals of the right foot, left ear hearing loss, and a left shoulder disorder. The Veteran's claim for service connection for a left hand disorder is also remanded.,Service connection was not granted for any of the conditions listed above due to lack of current diagnoses or evidence linking these conditions to service.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for left knee patellofemoral syndrome and service connection for lower extremity radiculopathy due to incomplete development. The Veteran will need additional VA examinations to address her range of motion, as well as an addendum opinion regarding whether her lower extremity neurological disorder is caused or aggravated by her service-connected conditions.

The Veteran's claim for a restored rating of 10% for his left shoulder scar is granted. The claim for service connection for sleep apnea has been reopened, and the issue remains pending. Service connection for neck disorder (cervical pseudoarthrosis and cervical spine arthritis) as secondary to left shoulder disability is granted. Service connection for cervical radiculopathy on the left side as secondary to the neck condition is also granted. The claims for service connection for hypertension and diabetes mellitus, type II are denied.

The Board has remanded the claims for service connection due to incomplete records and need for additional medical opinions. The Veteran's low back disability, right leg sciatica, neck disability, and right arm numbness are all in question.

The Board has granted service connection for a lower back disability and bilateral lower extremity radiculopathy, finding that the Veteran's conditions are related to his active duty service. The right shoulder disability issue is remanded for further examination.

The Veteran's lumbar stenosis with arthritis has been rated at 20 percent since January 19, 2012. The Board found that the evidence did not support a higher rating as there was no ankylosis or forward flexion to 30 degrees or less.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain private medical records and address issues inextricably intertwined with the increased rating issues.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected lumbar spine disability and right lower extremity radiculopathy, as well as his claim for TDIU due to inaction on VA examinations conducted during the appeal period.

The Board denied service connection for sciatica and related conditions, finding that the evidence did not support a relationship to service or service-connected low back strain. The Veteran's claim for increased ratings was also denied.

The Veteran's claim for left lower extremity radiculopathy is denied as there is no evidence of a current disability.,The Veteran's claim for tinnitus is denied due to lack of in-service noise exposure and the absence of continuity of symptomatology.,The Veteran's claim for bilateral hearing loss is denied as she does not have a current diagnosis of hearing loss for VA purposes.,The Veteran's claim for hepatitis disability is denied as there is no evidence of a current disability.

The Board denied the Veteran's claim for a total disability rating on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him.

The Board has remanded the Veteran's claims for earlier effective dates for his lumbar spine disability and left lower extremity sciatica.,It is unclear when the increase in severity of these conditions occurred, as the evidence does not provide a clear timeline.