Radiculopathy & sciatica decisions — 2020

The Board denied a TDIU on an extraschedular basis prior to September 14, 2011 due to the preponderance of evidence showing that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for a separate rating for left lower extremity radiculopathy and TDIU prior to specific dates due to insufficient medical opinions. The VA is required to provide an addendum opinion addressing the relevant medical records, including those from February 2009 and April 2009.

The Veteran's initial claim for increased ratings for DDD of the lumbar spine and associated radiculopathy was denied. The Veteran is currently evaluated at 40 percent disabling for DDD of the lumbar spine.,For the period from July 11, 2013 to June 25, 2015, the Veteran's left lower extremity radiculopathy associated with DDD of the lumbar spine was evaluated at 20 percent. The Board found that this evaluation is appropriate and denied a higher rating.

The Veteran's left lower extremity radiculopathy is granted service connection with an effective date of April 26, 2016. The right lower extremity radiculopathy claim has no earlier effective date as it was not shown to be related to the back disability prior to June 17, 2019.

The Veteran's appeals for service connection and rating increases have been dismissed due to his death.

The Board has remanded the case due to conflicting information regarding the Veteran's service-connected disabilities and their impact on his ability to use his feet. The VA is instructed to schedule an examination to clarify these issues.

The Veteran's generalized anxiety disorder is rated at 70 percent from December 18, 2013 to June 21, 2016, due to its significant impact on his occupational and social functioning.

The Board has remanded the case due to incomplete VA medical opinions, outstanding private treatment records, and need for additional Reserve service records. The Veteran's cervical spine disability is being reviewed again with a focus on his military duties, chest pain, and exposure to cold weather conditions.

The Board dismissed the appeal for rating and disability rating issues due to the appellant's withdrawal of the appeal.

The Board has granted service connection for cervical radiculopathy of the right upper extremity, impairment of the upper, middle and lower radicular groups. The Veteran's C5-C6 disc bulge is found to have caused these conditions.

The Veteran's appeals for increased ratings were denied. The maximum schedular ratings have been assigned for his service-connected disabilities, and no higher ratings are warranted based on the evidence of record.

The Board has remanded the cases for additional development and an addendum VA opinion to determine if the Veteran's current back condition is related to service, including his in-service injuries. The issues of bilateral lower extremity radiculopathy are also being remanded due to their interdependence with the back issue.

The Veteran's service-connected disabilities did not preclude him from obtaining and retaining substantially gainful employment for the period prior to July 26, 2019.

The Veteran's PTSD and right lower extremity radiculopathy have been granted increased ratings, but the issue of service connection for hypertension secondary to PTSD has been remanded.

The Veteran's claims for increased ratings of his service-connected back disability, right and left lower extremity sciatic radiculopathies, and right and left knee strains were denied as a matter of law due to the Veteran's failure to report for required VA examinations without showing good cause.

The Veteran's back disability and right lower extremity radiculopathy were restored to their previous ratings of 40 percent and 20 percent, respectively, effective December 1, 2019.

The Veteran's initial claim for a higher rating for cervical spine disorder is denied. Separate ratings of 30 percent and 40 percent are granted for moderate incomplete radiculopathy of the right upper extremity and left upper extremity, respectively.

The Veteran's claim for service connection for sleep apnea was denied as there is no medical evidence of a current disability during or since service.,Service connection for right lower extremity radiculopathy secondary to his service-connected lumbar spine disability was also denied due to the lack of any current symptoms. The Veteran has not been diagnosed with this condition and denies having such symptoms.,The claim for an increased rating for latent tuberculosis was denied as there is no evidence of active disease or significant impairment, resulting in a 0 percent (non-compensable) disability rating.

The Board denied increased ratings for left upper extremity radiculopathy and right upper extremity radiculopathy, C7 nerve roots, both currently rated at 20 percent.

The Veteran's claims for increased ratings were denied as his hip and knee disabilities did not meet the criteria for higher disability ratings under applicable diagnostic codes. The RO assigned separate ratings based on different issues, but the Board found that a single rating of 30 percent was more favorable than separate ratings.