Radiculopathy & sciatica decisions — 2020

The Veteran's request for a hearing was withdrawn, and his radiculopathy of the right lower extremity has been rated at 10 percent. The Board is remanding the case to obtain a new VA examination to assess the current severity of the disability.

The Veteran's claim for service connection for kidney stones is denied as there is no current diagnosis of a disability manifesting in kidney stones.,For the period prior to June 4, 2014 and from August 1, 2014, the Veteran’s cervical spine disability is manifested by forward flexion limited to 20 degrees; the evidence does not demonstrate unfavorable ankylosis of the cervical spine or incapacitating episodes requiring bed rest prescribed by a physician.,The criteria for a disability rating in excess of 20 percent for cervical spine disability from August 1, 2014 forward have not been satisfied.,For the period prior to November 21, 2019, the Veteran’s GERD symptoms included pyrosis and reflux; the criteria for an initial compensable disability rating prior to November 21, 2019, and in excess of 10 percent thereafter have not been satisfied.,For the period prior to April 7, 2014, the Veteran’s right elbow extensor tendon tear is manifested by flexion limited to 125 degrees; for the period from June 1, 2014, it is manifested by flexion to 95 degrees and pronation to 60 degrees.,The criteria for a disability rating in excess of 20 percent for right elbow extensor tendon tear with limitation of pronation have not been satisfied.,Service connection for the Veteran's right hip disability is remanded.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling a VA examination to assess his back conditions.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy due to new evidence of worsening symptoms. The Veteran will be scheduled for VA examinations to assess current severity.

The Veteran withdrew his appeal for increased ratings in excess of 10 percent each for residuals of a low back injury with degenerative joint disease and right and left lower extremity radiculopathy before the Board made a decision.

The Board has remanded the Veteran's claims for lumbar spine degenerative disc disease, left and right lower extremity radiculopathy, and TDIU due to insufficient examination findings. The case will be returned to the AOJ for further development.

The Board denied the Veteran's claims for service connection for various conditions, including right eye ptosis, left lower extremity sciatica, diabetes mellitus, sleep disorder, residual disability from craniotomy, benign paroxysmal positional vertigo, heart block, paroxysmal atrial tachycardia, and premature ventricular contractions. The Board found that the original service connection decisions were clearly erroneous due to incorrect factual findings regarding the onset of these conditions.

The Veteran's claims for increased ratings are being remanded due to the need for additional development and examination.

The claim for service connection of low back disorder, right lower extremity sciatica, and left lower extremity sciatica has been reopened. The Veteran's testimony and a private treatment letter indicate possible etiological links to service. A VA examination is needed to determine the nature and etiology of these conditions.

The Veteran's claim for a disability rating in excess of 20 percent for his service-connected left lower extremity radiculopathy was denied. The Board found that the evidence did not show symptoms warranting a higher rating.

The Board has remanded the claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) as additional development is needed, including obtaining an examination and opinion on the Veteran's ability to work.

The Veteran's TDIU claim is remanded for additional development, including obtaining her employment history and determining if she qualifies for a TDIU on an extra-schedular basis due to the combined effects of her service-connected disabilities.

The Veteran's tinnitus was granted service connection. The Board found the evidence in equipoise as to whether the Veteran's lumbosacral epidural abscess, bilateral lower extremity radiculopathy, right knee osteoarthritis, left knee osteoarthritis, left ankle osteoarthritis, and bilateral hearing loss were incurred during active duty service or active duty for training. The Board remanded to obtain additional records and conduct further medical opinions.

The Veteran's right and left sciatic nerve radiculopathy were granted a 40 percent rating, but not higher. The Veteran's left femoral nerve radiculopathy was granted a 20 percent rating, but not higher.

The Veteran's radiculopathy of the right lower extremity is granted a 40 percent disability rating, effective November 1, 2015. The Veteran's lumbar spine DDD remains at 20 percent and her TDIU claim is granted.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy are rated at 20 percent each. The Board has determined that more contemporaneous VA examinations are needed to assess the current severity of these conditions, as well as whether they have worsened since his last examination in April 2017. Additionally, the TDIU claim is remanded for consideration under 38 C.F.R. § 4.16(b).

The Board has determined that the Veteran's service-connected disabilities do not render him unemployable, as he continues to operate his own bingo supply business and only missed one week of work in the past year. The evidence does not support a finding of marginal employment.

The Veteran's claims for higher ratings for osteoarthritis of the lumbar spine and left lower extremity radiculopathy have been remanded. Additionally, his claim for service connection for an acquired psychiatric disorder secondary to his service-connected conditions has also been remanded.

The Veteran's right upper extremity radiculopathy is rated at 50 percent from May 15, 2016 to November 21, 2017.

The Veteran's application to reopen his previously denied claim for service connection of ischemic heart disease was denied. The Board also remanded several issues related to lumbar myofascial syndrome and associated radiculopathy.