Radiculopathy & sciatica decisions — 2020

The Board has dismissed the Veteran's appeals for increased ratings of 10 percent and 20 percent for left lower extremity radiculopathy and residuals of a right patella fracture, respectively.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, except for his lumbar spine disability which may impact sedentary work. The Board finds the Veteran is not entitled to TDIU prior to April 23, 2018.

The Veteran's lumbar spine disability is rated at 20 percent prior to November 4, 2019 and denied for higher ratings. The radiculopathy of the right lower extremity is also denied for higher ratings.

A rating of 20 percent for the Veteran's lumbar spine condition was granted from September 10, 2012 to October 13, 2014.,From October 13, 2014, a 40 percent rating for the lumbar spine condition was granted effective October 9, 2018.,A 10 percent rating for left lower extremity radiculopathy was granted from September 10, 2012 to August 28, 2018.,From August 28, 2018, a higher rating of 20 percent for the left lower extremity radiculopathy was denied.,A 10 percent rating for right lower extremity radiculopathy was granted from February 22, 2017 to October 2, 2019. A 20 percent rating was granted thereafter.

The Veteran's claim for an effective date earlier than July 16, 2008 for a 20% rating for degenerative joint disease of the lumbar spine with spinal stenosis was denied.,The Veteran's claim for an effective date earlier than July 16, 2008 for a 10% rating for radiculopathy of the left lower extremity was denied.,The Veteran's claim for an effective date earlier than July 16, 2008 for a 10% rating for radiculopathy of the right lower extremity was denied.

The Veteran's cervical spine degenerative disc disease and left upper extremity radiculopathy are granted service connection. The bilateral shoulder disability, lumbar spine degenerative disc disease, bilateral lower extremity neuropathy, and bilateral knee osteoarthritis are denied. Service connection for the left trigeminal neuralgia is granted with a 10 percent rating.

The Veteran's TDIU was granted effective May 27, 2015 due to his service-connected disabilities resulting in severe physical limitations.

The Veteran's appeal is remanded for further development, including a new VA peripheral nerves examination to address the etiology and severity of his claimed cervical radiculopathy.

The Board has remanded the Veteran's claims for hepatitis C, lichen simplex chronicus and prurigo nodularis associated with hepatitis C, mild spondylosis of the lumbar spine, and bilateral lower extremity radiculopathy (femoral) associated with mild spondylosis of the lumbar spine due to new evidence received since the last decision.

The Veteran's service-connected disabilities render him unable to secure and follow any substantially gainful employment since March 1, 2016.

The Board has remanded the cases for additional development due to the need for updated treatment records and more current VA examinations.

The Board has remanded the Veteran's claims for increased ratings for cervical and thoracolumbar spine disabilities, as well as radiculopathy of the left upper extremity due to outstanding VA treatment records and a need for additional examinations.

The Veteran's heart disability is denied as not related to service. From May 22, 2017, the Veteran's left lower extremity radiculopathy is granted with a 20% rating.

The Veteran's lumbosacral strain has been rated at 40 percent since August 18, 2009.,The Veteran is granted a TDIU effective November 1, 2014.

The Board has remanded the Veteran's claims for further development due to a request for information regarding the competency of a VA examiner and the Federal Circuit decision in Francway v. Wilkie, 940 F.3d 1304 (Fed. Cir. 2019).

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent from April 2, 2014. The claim for an increased rating has been denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant a higher rating.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to an incomplete examination and lack of information regarding the Veteran's employment history and educational background.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for extraschedular consideration of her service-connected cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy with carpal tunnel syndrome.

The Board denied service connection for cervical spine condition, lumbar radiculopathy, and carpal tunnel syndrome as they are not causally or etiologically related to any disease, injury, or incident in service.