Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected lumbar spine disability has been granted a 20 percent rating since December 18, 2018. He also received separate 10 percent ratings for bilateral lower extremity radiculopathy.

The Veteran's appeals for higher initial ratings for lumbar strain with DDD and HNP, LLE radiculopathy, and RLE radiculopathy were denied because he failed to appear for a VA examination scheduled in September 2019.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not prevent her from engaging in substantially gainful employment.

The Veteran's left hip disability was not incurred in or due to his time in service, and is denied.,PTSD does not meet the criteria for a rating in excess of 70 percent. The claim is denied.,Back disability did not meet the criteria for a rating in excess of 10 percent prior to March 5, 2019 or 20 percent thereafter from that date. The claim is denied.,Right lower extremity radiculopathy was not rated higher than 10 percent prior to March 5, 2019 and granted a rating of 20 percent thereafter. The claim is partially granted.,Left lower extremity radiculopathy was not rated higher than 10 percent prior to March 5, 2019 and granted a rating of 20 percent thereafter. The claim is partially granted.,GERD did not meet the criteria for a rating in excess of 10 percent. The claim is denied.,Left knee disability did not meet the criteria for a rating in excess of 10 percent. The claim is denied.

The Board denied the Veteran's claim for an earlier effective date of April 3, 2012 for service connection of right leg radiculopathy. The Board found that there was no evidence to support a factual ascertainable onset prior to 2012 and thus could not grant an earlier effective date.

The Veteran's appeal for a higher rating for sciatica, right lower extremity and service connection for a right shoulder disability was denied. The Board found that the evidence did not support a higher rating or service connection.

The Board has remanded the Veteran's claims for increased ratings for peripheral neuropathy of the bilateral lower extremities and his claim for a TDIU due to outstanding VA treatment records and an assessment of the aggregate effect of his service-connected disabilities on his functionality.

The Veteran's claims for effective dates prior to specific dates are being remanded due to the need for additional evidence.

The Board has remanded both claims of service connection for the Veteran's lower back disability and bilateral lower extremity radiculopathy, as these claims are inextricably intertwined due to the underlying low back disability. The remand requires additional medical opinion regarding the etiology of the Veteran’s lower back disability.

The Board has decided to remand the case for additional development and consideration of the Veteran's claims, including those related to his right hip, hearing loss, numbness in the left lower extremity, lumbar spine disability, sciatica, ankle laxity, insomnia, and blepharitis.

The Veteran's claim for a higher rating for right lower meralgia paresthetica was denied. However, the Board granted a separate 20 percent rating for moderate incomplete paralysis of the sciatic nerve from August 13, 2019.

The Board has remanded the Veteran's claims for further development due to a lack of VA examinations. The issues include initial ratings for various service-connected disabilities, including radiculopathy and chronic lumbar strain.

The Veteran's appeals for increased ratings for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed as the Veteran requested withdrawals of his appeals.

The Board has remanded the claims for service connection due to insufficient evidence and inadequate medical opinions. The AOJ is required to obtain relevant medical records from military hospitals in Germany, as well as VA treatment records. A new VA opinion is needed to address the Veteran's lay statements regarding post-service treatment and symptoms.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine with DDD L5-S1 and radiculopathy of left lower extremity associated with degenerative arthritis of the lumbar spine were denied. The VA determined that the Veteran did not meet the criteria for a higher rating based on his service-connected conditions.

The Veteran's claims for increased ratings of diffuse large B-cell lymphoma, peripheral neuropathy of the left sciatic nerve, and peripheral neuropathy of the right sciatic nerve have been dismissed.,The Veteran's claim for an increased rating of PTSD has been dismissed. The Board found that his service-connected disabilities in combination (including especially his PTSD, bilateral lower extremity peripheral neuropathy, and diplopia) have precluded him from re-entering the workforce.

The Veteran's claim for service connection for a prostate disorder has been reopened and granted.,Service connection is established for PTSD. The Veteran's in-service stressors are considered credible.

The Veteran's right and left lower extremity radiculopathies are each rated at 20 percent, effective July 8, 2020. The Veteran’s back scar is rated at 10 percent prior to June 18, 2019, and the rating for this condition will be reconsidered due to a change in VA regulations. Service connection for a left knee disability and PTSD are both remanded.

The Veteran's TDIU claim is remanded due to inadequate development of his medical records and the need for a new opinion regarding his service-connected back condition. The Board also refers the case for extraschedular consideration.

The Board has determined that more development is needed to determine if the Veteran's back/spine disability is service-connected. The case is being remanded for additional examination and review of records.