Radiculopathy & sciatica decisions — 2020

The Board has remanded the claims for increased evaluations and initial compensable evaluations for degenerative disc disease at L4-L5, associated radiculopathies, and TDIU due to service-connected disability. The Veteran is also required to provide clarification on his intention regarding the TDIU claim.

The Board has remanded the case for further development and consideration of additional VA treatment records associated with the Veteran's electronic claims folder since the March 2016 SSOC.

The Veteran's claims for increased ratings and TDIU have been denied. The rating for osteoarthritis of the thoracolumbar spine with history of T-12 and L-1 compression fracture is denied, as are the claims for sciatic neuropathy of the right lower extremity prior to February 24, 2017 and left lower extremity prior to February 24, 2017. The rating for sciatic neuropathy of the right lower extremity since February 24, 2017 is denied, as are those for the left lower extremity.

The Board has dismissed the Veteran's claims for increased ratings and service connection, as the full benefits sought have been granted. The Veteran's TDIU claim is granted.

The Veteran's right and left lower extremity sciatica have been rated at 40 percent since June 27, 2018.,The Veteran's bowel dysfunction has been rated at 60 percent since June 27, 2018.

The Board has remanded the Veteran's claims for service connection due to his failure to report for VA examinations. The issues include left upper extremity radiculopathy/peripheral neuropathy, cervical spine disorder, and an acquired psychiatric disorder other than PTSD, all secondary to service-connected lumbar strain.

The Veteran's low back disability was rated at 10 percent, and the Board denied a higher rating. The claim for TDIU based on service-connected disabilities is remanded.

The Veteran's need for the regular aid and attendance of another person was granted effective April 25, 2020 due to service-connected disabilities.

The Board denied service connection for a cervical spine disorder, left upper extremity radiculopathy and peripheral neuropathy, right upper extremity radiculopathy and peripheral neuropathy, and bilateral hearing loss as secondary to the Veteran's service-connected lumbar spine disability.,The Board also denied an evaluation in excess of 10 percent prior to January 4, 2011 for lumbar spine disability, a rating in excess of 20 percent prior to May 17, 2012 for lumbar spine disability, and a rating in excess of 40 percent since May 17, 2012 for lumbar spine disability.,The Board found that the Veteran did not have current diagnoses of cervical spine disorder, left upper extremity radiculopathy and peripheral neuropathy, right upper extremity radiculopathy and peripheral neuropathy, or bilateral hearing loss.

The Veteran's claims of service connection for a back condition, asthma, radiculopathy, right lower extremity, hypertension, and heart condition have been dismissed due to the absence of a case or controversy.,Entitlement to service connection has been granted for lumbosacral strain with a 10 percent rating, asthma with a 30 percent rating, sciatic nerve and femoral nerve of bilateral lower extremities with a 40 percent and 20 percent ratings respectively.

The Veteran's TDIU rating is granted, and service connection for bilateral lower extremity radiculopathy is denied due to lack of evidence linking the condition to service.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error and because of an inadequate consideration of his medical history in the July 2018 VA examination. The case is now back before the Board.

The Board has decided to remand the cases for further development and examination, including obtaining additional VA treatment records and scheduling the Veteran for appropriate VA examinations. The TDIU claim is also being remanded.

The Board has granted service connection for a low back disability, finding that the Veteran's lumbosacral strain had its onset during active duty service and is related to his current condition.

The Veteran's DDD with left lower extremity radiculopathy (IVDS) is granted from March 31, 2009 to October 8, 2013. From October 8, 2013 to September 26, 2019, a rating of 20 percent for left lower extremity radiculopathy is granted. The Veteran's hypogonadism is granted as secondary to DDD.

The Board denied the Veteran's claims for service connection and increased ratings, finding no evidence to support his assertions or that his conditions are related to service. The Veteran was granted a TDIU and basic eligibility for Dependents' Education Assistance.

The Board has granted service connection for thoracolumbar degenerative joint disease and radiculopathy of the lower right extremity, finding that both conditions are related to active duty service.

The Board has remanded the claims for thoracolumbar strain, sciatic radiculopathy of the left and right lower extremities, and TDIU. The Veteran's service-connected conditions are being reviewed to determine if higher ratings can be granted.

The Veteran's claims for service connection, increased ratings, and earlier effective dates have been dismissed. A rating of 50 percent has been granted for posttraumatic cephalgia with migraine headaches from September 19, 2011 to June 17, 2014.

The Board has determined that there is no new and material evidence received sufficient to reopen the Veteran's claims for service connection for low back strain (also claimed as arthritis in back) and left leg condition (also claimed as arthritis in legs, previously denied as radiculopathy, left lower extremity), to include as secondary to low back strain.