Radiculopathy & sciatica decisions — 2020

The Board denied the Veteran's request for an equipment purchase of an adjustable king or queen size bed and ergonomic chair through the Vocational Rehabilitation & Employment (VR&E) program, finding that such purchases were not necessary to achieve his independent living goal.

The Board has remanded the issues of service connection for radiculopathy of the upper extremities, rating in excess of 40 percent for lumbar spine degenerative arthritis with IVDS, and ratings in excess of 20 percent for radiculopathy of the right and left lower extremities associated with lumbar spine degenerative arthritis with IVDS.

The Board has remanded the case due to a need for additional examinations and consideration of all applicable diagnostic codes for the spine, including the Veteran's symptoms of lumbar radiculopathy.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's claims, including for his service-connected lumbar spine disability and right and left lower extremity radiculopathy.

The Board has upheld the severance of service connection for LLE radiculopathy and denied a higher initial disability rating. The claims for left foot, hip, ankle, and knee disabilities are remanded due to lack of complete medical records.

The Board has decided that the Veteran's claim for an earlier effective date for a separate 20 percent rating for left lower extremity sciatica associated with his service-connected back disability is remanded due to procedural issues.

Service connection for PTSD is granted. Initial disability ratings in excess of 10 percent are denied for left upper extremity radiculopathy, lumbar spine disability, and cervical spine disability.

The Board has denied a higher rating for the Veteran's degenerative arthritis of the lumbar spine and granted service connection for radiculopathy of both lower extremities as secondary to his service-connected lumbar spine disability. The TDIU claim is remanded due to incomplete information provided by the Veteran.

The Veteran's appeal for an increased rating for PTSD was withdrawn. The Board granted a TDIU based on the Veteran’s service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment. The appeals for increased ratings for radiculopathy of the left upper extremity and degenerative disc disease of the cervical spine are remanded.

The Veteran's PTSD symptoms cause occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.,Low back strain with degenerative changes causes loss of forward flexion to 90 degrees prior to September 20, 2019 and to 60 degrees thereafter.

The Board has denied service connection for radiculopathy of the left sciatic nerve and remanded the issue of service connection for a low back disability due to an oversight in previous examinations.

The Board has decided to remand the Veteran's claims for service connection for cervical spine disorder and peripheral neuropathy of the left upper extremity due to the need for additional medical examinations.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's claims for service connection for degenerative disc disease, cervical spine and right upper extremity radiculopathy have been denied. The Board found that the evidence did not show a relationship between these conditions and active service.,For the rating claim, the Veteran was granted a temporary total rating based on bilateral lumbar decompressive laminectomy surgery from January 1, 2009 to January 31, 2009. The Veteran's claims for effective dates have also been denied.

The Board has remanded two issues: 1) the Veteran's claim for an initial rating in excess of 10 percent for her lumbar spine disability prior to October 4, 2019, and in excess of 20 percent thereafter; and 2) her claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity. The remand is due to inadequate examination findings and the need for a new VA examination.

The Veteran's lumbar spine disability and associated radiculopathies are rated at 40 percent since February 23, 2015. The rating for right lumbar radiculopathy was denied prior to this date, while the rating for left lumbar radiculopathy remains at 40 percent.

The Veteran's claim for a separate 10 percent rating for right lower extremity radiculopathy secondary to her service-connected thoracolumbar spine disability is granted from January 24, 2014. Her claim for an increased rating for right knee degenerative changes based on limitation of flexion and extension is partially granted (10% prior to July 8, 2019; denied in excess of 20%). The appeal for service connection for sleep apnea is remanded.

The Veteran's right leg radiculopathy is now rated at 20 percent, while his left leg radiculopathy remains at 10 percent. The lumbar spine disability continues to be rated at 40 percent after July 17, 2017.

The Veteran was found to be unemployable due to service-connected disabilities from February 7, 2007 to July 11, 2008.

The Veteran's service-connected disabilities, including PTSD, IBS, low back disorder, lumbar radiculopathy, left knee strain, and residuals of left ankle fracture, prevent him from securing or following substantially gainful employment. The Board has granted TDIU.