Radiculopathy & sciatica decisions — 2020

The Veteran's claim for service connection for anemia was denied as there is no evidence of a current disability, and the Board finds that the Veteran does not have left upper extremity radiculopathy.,The Veteran's claims for service connection for bilateral hearing loss, tinnitus, sleep apnea, allergic rhinitis, exercise-induced asthma, and back disorder were remanded due to insufficient evidence.

The Board has remanded the cases for further development and examination, as the October 2016 VA examination is inadequate. The effective dates for service connection are denied.

The Veteran's cervical spine disability is rated at 30 percent since August 13, 2019. The rating remains denied as the condition does not meet criteria for a higher rating.

The Veteran's cervical spine condition was rated at 20% effective August 28, 2018. The lumbosacral strain with intervertebral disc syndrome was rated at 40% effective April 26, 2018.,Effective September 9, 2016, the Veteran's radiculopathy of the right upper extremity and left upper extremity were granted service connection. The right knee osteoarthritis and left knee strain have been rated at 20% since their respective effective dates.,The reduction in ratings for the knees was restored to pre-reduction levels.

The Board has remanded the cases due to inadequate development, specifically regarding the service connection for L5 radiculopathy. The Veteran's claim is being returned for further examination and opinion.

The Veteran's back disability, right and left lower extremity radiculopathy, and chronic conjunctivitis are all rated at the maximum allowable levels. The rating for PTSD remains denied.

The Veteran's service-connected chronic low back strain, lumbar spondylosis, and degenerative disc space narrowing is now rated at 40 percent effective October 1, 2019. The Veteran's left lower extremity radiculopathy is now rated at 20 percent effective February 26, 2010, and his right lower extremity radiculopathy is now rated at 20 percent effective January 24, 2013.

The Board has remanded the cases for further development and readjudication due to incomplete records.

The Veteran's claim for increased ratings and individual unemployability was denied. For the PTSD, a rating in excess of 30 percent prior to September 30, 2019 and in excess of 70 percent effective September 30, 2019 is not warranted based on his symptoms. For IU, the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's appeals for increased ratings for bilateral lower extremity radiculopathy and right ankle disability were denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's claims for increased evaluations of his service-connected lumbosacral radiculopathy and lumbosacral strain with degenerative disc disease have been remanded due to insufficient evidence. The current ratings are found to be appropriate.

The Board granted a 40 percent rating for bilateral lower extremity radiculopathy prior to December 5, 2017. The Veteran's symptoms were characterized as moderately severe, incomplete paralysis of the sciatic nerve.

The Board has denied a higher rating for the Veteran's lower lumbar spine scar and remanded the evaluation of his left lower extremity radiculopathy. The TDIU issue is also being remanded due to its inextricable link with the radiculopathy issue.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeals. The Board did not find any errors in the decisions.

The Board has remanded the claims for increased ratings for lumbar spine disability and associated radiculopathy, as well as TDIU. A new VA examination is needed to assess the current severity of these conditions.

The Veteran's type 2 diabetes mellitus is granted as service connected.,The Veteran's left shoulder disability is granted as service connected.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been rated as 20 percent disabling each, but the Board finds that a higher rating is not warranted for any of these conditions.,Entitlement to TDIU prior to March 6, 2014, is also remanded.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need to obtain additional medical records from Aultman Hospital.

The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities were denied as his disability picture did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claim for a higher rating for migraine including migraine variants with post-concussion headache was denied as the current 50 percent rating is the schedular maximum.,The Veteran's claim for a higher rating for tinnitus was denied as the current 10 percent rating is the schedular maximum.