Radiculopathy & sciatica decisions — 2020

The Board has granted the Veteran's claim for service connection for lumbar strain with sciatica, finding that his current condition is related to an in-service injury and thus meeting the criteria for service connection.

The Board has remanded the claims for increased ratings of neuritis of the right and left sciatic nerves, as well as degenerative joint disease of the lumbar spine due to procedural errors in the most recent supplemental statement of the case.

The Board has remanded the claims for left and right lower extremity radiculopathy due to insufficient consideration of certain evidence, including a March 2009 treatment record and an August 2011 Neurospinal Function Index Report. The Veteran is required to undergo a VA examination to address the nature, extent, and severity of his radiculopathy into each lower extremity.

The Board has remanded the case due to a lack of recent VA examination and incomplete medical records. The Veteran's service-connected disabilities may require aid and attendance, but further evaluation is needed.

The Veteran's claim for a higher rating for his sciatic nerve disability is denied as the evidence does not show that it warrants a rating in excess of 10 percent.

The Veteran's asbestosis is rated at 60 percent, but no higher. Service connection for bilateral lower extremity neuropathy and radiculopathy for sciatic nerve is granted.

The Veteran's left lower extremity radiculopathy (both sciatic and femoral nerves) is granted with a 40% evaluation, effective February 1, 2018. A separate rating for the left lower extremity radiculopathy of the femoral nerve is also granted.

The Veteran's claims for increased ratings and service connection have been dismissed due to finality of prior Board decisions. The Veteran's prostate cancer residuals are rated at the maximum allowable, and his upper left extremity radiculitis is not rated higher than 20 percent. Service connection for bilateral lower extremity radiculopathy has not been established prior to December 7, 2017.

The Veteran's radiculopathy of the right lower extremity and left lower extremity are each rated at 40 percent, with no higher ratings granted.,The Veteran's right upper extremity radiculopathy is rated at 30 percent, while his left upper extremity radiculopathy is rated at 20 percent.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted entitlement to a total disability rating based on individual unemployability.

The Veteran's initial disability ratings for radiculopathy of the left and right lower extremities prior to September 13, 2016 are granted at 40 percent and 20 percent respectively.,The Veteran is also granted a total disability rating based on individual unemployability (TDIU) effective May 20, 2010.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran’s lumbar spine condition did not meet criteria for higher ratings, but remanded his hip disability claim due to insufficient evidence.

The Board dismissed the Veteran's appeals for increased evaluations of his right lower extremity radiculopathy, left lower extremity radiculopathy, and chronic lumbar strain with degenerative arthritis and degenerative disc disease as he withdrew all issues under appeal.

The Veteran's claims for increased evaluations for lower extremity radiculopathy and service connection for various shoulder, arm, and cervical spine disorders have been remanded due to the need for additional development.,The Board has determined that these issues are related to his service-connected lumbar spine disability.

The Veteran's headaches are rated as 10 percent disabling from November 1, 2012, and as 50 percent disabling starting from September 21, 2016. The claims for higher ratings for his lumbar spine and sciatic nerve radiculopathies are remanded.

The Veteran was found to be unable to secure and maintain substantially gainful employment due to his service-connected disabilities, particularly PTSD, which prevented him from performing the physical demands of his job as a corrections officer. The TDIU is granted for the period from November 8, 2011 to May 1, 2012.

The Board has remanded the cases of cervical spine disability and upper extremity radiculopathy due to insufficient evidence regarding their etiology. The Veteran's claims are being reviewed again with a focus on his in-service neck injury and treatment for torticollis.

The Board has remanded the Veteran's claims of service connection for thoracolumbar degenerative disc disease with radiculopathy and glaucoma due to lack of sufficient evidence in the record.

The Board denied service connection for lumbar spine disability and radiculopathy of the right and left lower extremities, finding that there was no evidence linking these conditions to service.

The Veteran's PTSD is rated at 70 percent from August 21, 2009 to August 10, 2017 and remains denied for a higher rating. The Veteran's degenerative arthritis with degenerative joint disease with mechanical low back pain and IVDS is rated at 40 percent on and after August 11, 2017. The Veteran's sciatic nerve involvement of the left lower extremity is rated at 20 percent.