Radiculopathy & sciatica decisions — 2020

The Board has determined that the VA Regional Office (RO) failed to substantially comply with its December 2018 remand directives, and thus another remand is required due to inadequate examination reports. The Veteran's lower back condition and radiculopathy of the right lower extremity are both being remanded for further development.

The Veteran's service-connected lumbar spine disability, including associated sciatic and femoral nerve radiculopathies, is granted with a temporary total rating for convalescence following surgery. Service connection for scars from the surgeries is also granted. The Veteran's IVDS is rated at 20 percent, which is denied as it does not meet criteria for higher ratings.

The Veteran's radiculopathy of the left and right lower extremities is granted a rating of 20 percent, but not higher.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations.,VA is required to attempt to reschedule the Veteran for VA examinations in order to assess his service-connected disabilities.

The Board denied service connection for left leg and right leg neurological disabilities, as well as service connection for ulnar entrapment in the right arm and left arm. The decision also remanded issues regarding service connection for these conditions.

The Veteran's evaluations for degenerative spondylosis of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy have been restored to their previous levels.

The Board has determined that the Veteran's claim for TDIU prior to October 15, 2015 is not fully addressed and requires further review by the VA Director of Compensation Service.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective April 18, 2013. The Board denied a higher rating for this condition.,Prior to March 20, 2019, the Veteran's radiculopathy of the right lower extremity was rated at 10 percent. The Board found that a higher rating is not warranted based on the evidence provided.,Prior to March 20, 2019, the Veteran's radiculopathy of the left lower extremity was also rated at 10 percent. The Board found that a higher rating is not warranted based on the evidence provided.,From March 20, 2019, the Veteran's radiculopathy of the right lower extremity has been rated at 40 percent. The Board found that this rating is appropriate given the severity of his symptoms.,From March 20, 2019, the Veteran's radiculopathy of the left lower extremity has also been rated at 40 percent. The Board found that this rating is appropriate based on the severity of his symptoms.

The Veteran's bilateral pes planus and right upper extremity CTS with cervical radiculopathy have been rated, but the Board has found that additional development is needed for the lumbar spine disability.

The Veteran's initial evaluations for IBS and degenerative joint disease of the thoracic spine were denied as they did not meet the criteria for higher ratings.,For the period beginning January 29, 2020, the Veteran's evaluation for degenerative joint disease of the thoracic spine was also denied due to lack of evidence showing favorable ankylosis or forward flexion limited to 30 degrees or less.

The Board has remanded the issues of service connection for a lumbar spine disability and bilateral lower extremity radiculopathy due to conflicting opinions regarding their etiology. A new VA examination is needed to determine if these conditions are related to service.

The Veteran's appeals for various service-connected conditions are being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination for PTSD. The TDIU appeal is also being remanded.

The Veteran's radiculopathy of the upper and lower extremities, as well as his sleep disturbance, have been granted service connection. However, his claim for a sleep disorder has not met the threshold requirement for service connection.

The Board has remanded the Veteran's claims for left leg radiculopathy, right leg disability other than sciatic radiculopathy, TDIU prior to April 13, 2017, and reduction in rating of low back disability. The issues will be further examined with new examinations.

The Veteran's service-connected disabilities, including Parkinson's disease and related symptoms, have resulted in a loss of use of one lower extremity (left) due to the need for regular and constant use of assistive devices such as a wheeled walker and electronic wheelchair/scooter. This has led to a permanent and total disability rating, qualifying him for specially adapted housing benefits.

The Board has restored the Veteran's ratings for radiculopathy of the right and left lower extremities to 40 percent effective July 1, 2018. The issues of entitlement to higher ratings for these conditions remain remanded due to procedural errors in reducing the ratings.

The Veteran's service connection claim for basal cell carcinoma on the right shoulder is denied as there is no evidence linking it to his active duty.,The Veteran meets the criteria for a total disability rating based on individual unemployability (TDIU) effective April 28, 2015 due to multiple service-connected disabilities.

The Board has determined that a remand is necessary to obtain additional medical records, complete the Veteran's VA Form 21-4192 for his previous employers, and schedule him for a VA examination to assess the functional impact of his service-connected disabilities on his ability to work.

The Veteran's initial rating for lumbosacral strain was denied, and he is currently rated at 40 percent. The ratings for left and right lower extremity radiculopathy were granted but not higher than 10 percent.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations.