Radiculopathy & sciatica decisions — 2020

The Veteran's claim for separate ratings of 20 percent each for radiculopathy of the left and right lower extremities has been granted effective August 24, 2016.,A TDIU is also granted effective August 24, 2016.

The Veteran's sciatic radiculopathy of the right and left lower extremities is rated at 10 percent prior to December 21, 2017 and 20 percent thereafter. The claim for higher initial ratings is granted.

The Veteran's left and right lower extremity radiculopathy are granted as secondary to his service-connected low back disability. The Veteran's left hip disability is remanded for further examination.

The Board granted a 20 percent rating for the Veteran's lumbar spine degenerative disc disease prior to June 25, 2019 and denied entitlement to increased ratings. The Veteran was also granted a 20 percent rating for his left leg radiculopathy effective October 19, 2011.

The appeal for service connection for left lower extremity tremors is dismissed. The issues of entitlement to service connection for right upper extremity radiculopathy and tremors, left upper extremity radiculopathy and tremors, and an initial rating in excess of 10 percent for the cervical spine disability are remanded.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted.

The Board has granted the Veteran's claims for service connection for left and right upper extremity radiculopathy, finding that these conditions are proximately due to her service-connected cervical spine degenerative disc disease.

The Board has decided to remand the case for an adequate VA examination and opinion regarding the Veteran's right leg radiculopathy, which is claimed as secondary to his service-connected lumbosacral strain. The current VA examinations were inadequate in evaluating the Veteran's hip, buttock, and leg pain.

For the entire period on appeal, an initial evaluation of 50 percent for a headache disorder is granted.,Prior to May 14, 2016, an initial evaluation in excess of 10 percent for a left shoulder disability is denied. From May 14, 2016, an evaluation of 20 percent, but no higher, for the same condition is granted.,For the entire period on appeal, an initial evaluation in excess of 10 percent for a thoracolumbar spine disability is denied. Prior to July 24, 2019, an initial evaluation in excess of 10 percent for radiculopathy of the left lower extremity associated with the Veteran’s service-connected thoracolumbar spine disability is granted.,For the period on appeal prior to July 24, 2019, an initial evaluation in excess of 10 percent for a left knee disability is denied. From July 24, 2019, an evaluation in excess of 20 percent for the same condition is remanded.

The Veteran's depressive disorder is granted as secondary to his service-connected migraine headaches and right upper extremity radiculopathy disabilities. The rating for migraine headaches remains at the maximum 50 percent, but a higher rating is denied. Tinnitus is rated at the maximum 10 percent, with no higher rating available. The cervical spine disability is rated at 20 percent, with no higher rating available. An earlier effective date for service connection of migraine headaches and tinnitus is denied. Service connection for traumatic brain injury, bilateral hearing loss, and TDIU are remanded.

The Board has granted service connection for lower back strain and left lower extremity radiculopathy, finding that the Veteran's current conditions are at least as likely as not related to his active duty service.

The Veteran's IVDS, lumbar spine, is rated at 40 percent prior to May 21, 2012. From May 21, 2012, the rating for IVDS remains at 40 percent. The left lumbar radiculopathy associated with IVDS is rated at 40 percent from October 24, 2011 to February 10, 2014.

The Board denied the Veteran's claims for an extraschedular rating for his low back disability and a total disability rating due to individual unemployability (TDIU). The Board found that the available schedular evaluations adequately described the Veteran’s disability level and symptomatology, and there were no related factors such as marked interference with employment or frequent periods of hospitalization.

The Board has granted service connection for cervical and lumbar spine disorders, as well as left lower extremity radiculopathy (claimed as residuals of a left leg fracture), finding that these conditions are related to the Veteran's service.

The Veteran's depressive disorder is caused by his service-connected disabilities, and he is granted a 60 percent rating for radiculopathy of the left lower extremity with partial foot drop with muscle atrophy.

The Veteran's lumbosacral DDD with spondylosis was rated at 10% from November 25, 2009 through November 17, 2019 and at 20% from November 25, 2009 to November 17, 2019. The Veteran's left lower extremity radiculopathy was rated at 20% from November 25, 2009 through November 17, 2019 and the rating for this condition has been increased to 40% since November 18, 2019. The Veteran's TDIU claim is remanded.,The Veteran’s lumbosacral DDD with spondylosis was rated at 10% from November 25, 2009 through November 17, 2019 and at 20% from November 25, 2009 to November 17, 2019. The Veteran's left lower extremity radiculopathy was rated at 20% from November 25, 2009 through November 17, 2019 and the rating for this condition has been increased to 40% since November 18, 2019. The Veteran's TDIU claim is remanded.

The Veteran's claim for a higher rating for IVDS of the thoracolumbar spine prior to March 11, 2017 is denied.,A compensable rating for RLE radiculopathy prior to March 11, 2017 is granted.,The Veteran's claim for a higher rating for IVDS with cervical strain prior to February 14, 2015 is denied.,The Veteran's claim for a higher rating for post-operative right shoulder debridement/bursectomy/decompression/SLAP repair (dominant) prior to February 14, 2015 is denied.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities, finding that the evidence did not support a higher rating based on functional loss or incapacitating episodes.

The Veteran's appeal for TDIU is dismissed because he has a total schedular rating for his service-connected disabilities. The appeal for SMC under the housebound or aid and attendance criteria is also dismissed as there are no conditions that meet the requirements for these benefits.

The Board has dismissed all appeals for increased ratings as the Veteran requested withdrawal of these issues before a decision was made.