Radiculopathy & sciatica decisions — 2020

The Veteran's hearing loss and lumbar spine disability were denied higher ratings. The lower extremity radiculopathies received remanded issues for rating determinations.,Effective dates for TDIU and DEA benefits were also remanded.

The Veteran's lumbar intervertebral disc disease and arthritis are rated at 20 percent, effective October 23, 2019. The right lower extremity radiculopathy is also rated at 20 percent, effective October 23, 2019.

The Veteran's appeal does not involve service connection for a psychiatric disability, right inguinal hernia, testicular pain and swelling, or RLE radiculopathy.,The Board denied the Veteran's claims of service connection for these conditions.

The Veteran's claim of compensation under 38 U.S.C. § 1151 for residuals of open reduction/internal fixation of right ankle fracture due to VA treatment is denied, and the initial disability rating for left moderate degenerative changes and hallux valgus (previously characterized as degenerative joint disease of the left great toe) is granted at a 10 percent level.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his inability to work due to his back and leg conditions may warrant extraschedular consideration.

The Board has decided to remand the case due to insufficient examination and qualification information, particularly regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran is required to provide documentation showing any and all known qualifications for the examiners in this case.

The Board has granted service connection for lumbar spine degenerative disc disease and spondylosis, radiculopathy of the left lower extremity, and an initial rating of 20 percent for a low back condition. The effective date is not specified.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and left upper extremity radiculopathy, finding that there is no evidence of an in-service injury or disease related to these conditions.

The Veteran's service-connected disabilities, including low back condition, left lower extremity radiculopathy, and tinnitus, rendered him unable to secure or maintain substantially gainful employment as of September 9, 2014. The effective date for the TDIU is set at this date.

The Board found that the Veteran does not have neuropathy or radiculopathy of the right upper extremity, and thus denied service connection for this condition.

The Veteran's service-connected disabilities prevented him from working in substantially gainful employment as of March 28, 2012. The Board granted TDIU effective March 28, 2012.

The Veteran's lumbar spine disability is rated at 40 percent from February 3, 2016. Separate ratings of 20 percent are granted for radiculopathy of the right and left lower extremities involving the sciatic nerve and femoral nerve associated with the lumbar spine disability. The Veteran’s right ankle disability remains rated at 10 percent.

The Veteran's bilateral lower extremity radiculopathy and right lower extremity lumbar radiculopathy are related to his service-connected back disability. However, the evidence does not support a finding that the Veteran's sleep apnea is causally related to his service.

The Board denied service connection for various conditions, including TBI residuals, right and left arm disorders, right and left foot disorders, a left sciatic nerve disorder, low back arthritis, and GERD. The reasons given were that there was no evidence of these conditions during or immediately after service, and the current diagnoses did not meet the criteria for service connection.

The Veteran's claims for increased ratings for his lumbar spine DDD, radiculopathy of the femoral nerve (left and right), and rhabdomyopathy/neuromyopathy of the sciatic nerve (bilateral) have been granted. He is now rated at 20 percent for each condition.

The Veteran withdrew his appeals for all of his pending claims, including those related to plantar fasciitis, radiculopathy, headaches, and anxiety disorder. The Board dismissed these claims as a result.

The Veteran's service-connected disabilities do not render him unemployable, as he has maintained employment through the VA Compensated Work Therapy program and does not desire to work.

The Veteran's radiculopathy of the left lower extremity is granted a 40 percent evaluation, effective from March 23, 2009. The Veteran's claim for TDIU was denied as he did not meet the schedular requirements.

The Veteran's prostate condition, diagnosed as benign prostate hyperplasia, is not service-connected due to lack of a direct link between the condition and his military service.,For his lumbar spine disability, the Board found that there was no evidence supporting a finding that it began during service or was related to herbicide exposure. The Veteran's current 20% rating for this condition remains unchanged.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet criteria for higher ratings or service connection in certain cases, but granted a TDIU.