Radiculopathy & sciatica decisions — 2020

The Veteran's radiculopathy of the right and left lower extremities involving the sciatic nerve is rated at 40 percent each, with no evidence of severe incomplete paralysis or marked muscle atrophy. The Board denied an increased rating as there was not enough evidence to support a higher rating.

The Veteran's claims of higher initial disability ratings for PTSD and radiculopathy in the left lower extremity are being remanded due to new evidence received since the October 2018 SOC.

The Board has remanded the case due to insufficient examination reports regarding the Veteran's service-connected disabilities and their impact on his daily functioning. The Veteran needs an addendum opinion from a physician to determine if he is substantially confined or requires regular aid and attendance.

The Board denied service connection for bilateral shoulder disabilities, internal bleeding, and radiculopathy of the right side. The cervical spine disability was not granted due to lack of evidence.

The Board has remanded the case due to insufficient rationale in the VA examiner's opinions regarding the Veteran's cervical spine disability and its relationship to service. The claims file should be returned for further development, including obtaining an adequate etiological opinion that considers the Veteran's lay statements about symptoms prior to his 1987 post-service work-related injury.

The Board has granted service connection for radiculopathy of the right lower extremity, which was first manifested during active duty and is related to a service-connected low back disability.

An effective date of January 16, 2015, and no earlier, for the grant of a 20 percent rating for left lower extremity radiculopathy affecting the sciatic nerve is granted.,An effective date of March 20, 2015, and no earlier, for the award of service connection for left lower extremity radiculopathy affecting the femoral, obturator, cutaneous, and illio-ingunal nerves is granted.

The Veteran's claims for increased ratings for various conditions, including back disability, right and left lower extremity radiculopathy, bilateral plantar fasciitis and flatfeet, and allergic rhinitis were denied as the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's cervical radiculopathy of the right and left upper extremities is granted, with separate evaluations for each.,Both knee disorders remain at a 10 percent evaluation.

The Veteran's low back disability is rated at a 40 percent rating beginning May 28, 2015. The Veteran also receives a 40 percent rating for bilateral lower extremity radiculopathy since that date. Compensation for total disability based on individual unemployability (TDIU) due to service-connected disabilities beginning January 9, 2017 is granted.

The Board has remanded the claims for service connection due to insufficient evidence and further development is needed.

The Board has remanded the Veteran's claims for increased ratings for his back disability, right lower extremity radiculopathy, and right shoulder disability due to additional development of records and clarification of functional loss during flare-ups or after repeated use over time.

The Veteran's spine disability and radiculopathy were granted a rating of 20 percent, but no higher, for the entire appeal period.

The Board has remanded several claims for further development, including evaluations and service connection determinations. The Veteran's TDIU claim is also being remanded to consider additional factors.

The Board has determined that further development is needed for the Veteran's claims, including obtaining additional medical records and scheduling examinations to assess his current disability status.

The Veteran was found to be unable to maintain substantially gainful employment due to service-connected disabilities from November 25, 2008 to September 10, 2019. The Board granted a TDIU based on the combined effect of multiple service-connected conditions.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection. His CAD has also been granted based on herbicide exposure in Korea.,Service connection for his back disability, right lower extremity sciatica, skin disabilities (porphyria cutanea tarda and eczema), hemochromatosis, peripheral neuropathy of the bilateral upper and lower extremities, and TDIU has been granted. However, these claims are remanded due to lack of evidence.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not preclude him from securing and following substantially gainful employment.

The Veteran's claims for higher ratings and service connection were denied. The lumbar spine disability is currently rated at 20 percent, while the right and left lower extremity radiculopathies are each rated at 10 percent. Service connection for a left hip disability secondary to the lumbar spine disability was remanded.

The Board has remanded the Veteran's claims for further development due to inadequate compliance with previous remand directives, including providing a retrospective opinion regarding the Veteran’s spine condition and applying the correct version of the rating criteria.