Radiculopathy & sciatica decisions — 2020

The Board has remanded the claims for service connection due to insufficient medical opinions regarding whether the Veteran's lumbar spine disability can cause his claimed radiculopathy disabilities. The VA must obtain additional treatment records and schedule an orthopedic examination.

The Veteran's back disability is rated at 40 percent since May 6, 2014.,Radiculopathy of the left leg and right leg are each rated at 20 percent since January 22, 2007.

The Veteran's initial claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The claim for left lower radiculopathy prior to December 19, 2018 was also denied. However, a 40 percent rating was granted for left lower extremity radiculopathy from December 19, 2018.

The Veteran's lumbar spine disability is rated at the highest available rating due to limitation of motion. His radiculopathy of the bilateral lower extremities has been rated as 10 percent prior to November 15, 2019 and 20 percent thereafter.

The Veteran's low back disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of evidence of unfavorable ankylosis.,The Veteran's left lower extremity sciatic and femoral nerve radiculopathy are both currently rated at 20 percent. The Board finds no basis for a higher rating as there is no evidence of moderately severe or more severe incomplete paralysis.

Service connection is granted for lumbar spine disability, cervical spine disability, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and headache condition.,Service connection is denied for acquired psychiatric disorder (claimed as depression).

The Veteran's service connection claims for lumbar and cervical spine disabilities, as well as associated radiculopathies, are granted with effective dates of September 28, 2007.

The Veteran's disability rating for lumbar disk disease with left lumbar radiculopathy was increased to 40 percent disabling from February 20, 2014 to March 16, 2020.

The Veteran's service-connected disabilities, including spondylolisthesis of the lumbar spine, recurrent peptic ulcer disease, and chondromalacia of the right knee, have rendered him unable to secure or follow substantially gainful employment since April 27, 2006.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining SSA disability records and providing notice regarding TDIU.

The Veteran's bilateral lower extremity radiculopathy is granted effective May 23, 2002.,The Veteran's lumbar spine disability is rated at 40% from May 23, 2002 through March 9, 2015 and again from December 8, 2016 through May 30, 2018. The claim for a higher rating remains denied.

The Board has remanded several claims for increased ratings and TDIU, including those related to the Veteran's low back disability, right knee disability, right ankle disability, and left lower extremity radiculopathy. The claims are being remanded due to inadequate examination reports and the need for new VA examinations.

The Veteran's degenerative disc disease of the lumbar spine with radiculopathy and other service-connected conditions have been granted increased ratings, and a TDIU has been granted for the period from June 10, 2011 to April 22, 2013. The case is remanded for additional development.

The Veteran's claims for earlier effective dates and increased ratings were denied. The Board found that the earliest date of factually ascertainable bowel dysfunction and left lower extremity radiculopathy associated with his lumbar spine disability was July 24, 2014.

The Board has granted service connection for left and right lower extremity radiculopathy, as well as cervical degenerative disc disease, all secondary to the Veteran's service-connected bilateral pes planus.

The Veteran withdrew his appeals for all remaining issues on appeal, including those related to the conditions listed and service connection theories.

PTSD with depressive disorder was granted a 70 percent rating effective June 6, 2016.,Radiculopathy of the right upper extremity was granted a 40 percent rating effective August 26, 2016.

The Board has decided to remand several issues related to the Veteran's service connection claims, increased rating claims, and effective date claims due to incomplete medical records and scheduling of VA examinations.

The Veteran's service-connected disabilities did not render him unable to secure or maintain substantially gainful employment prior to November 30, 2011. The Board denied his claim for a total disability rating based on individual unemployability.

The Veteran's PTSD is rated at 50 percent, which is the maximum schedular rating for this condition. The Board denied a higher rating as his symptoms did not meet the criteria for a 70 percent disability rating. For TDIU, the Veteran was found to be unemployable due to his service-connected disabilities and granted TDIU.