Radiculopathy & sciatica decisions — 2020

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board dismissed the appeal on the evaluation of the right and left sciatic nerve, as well as a rating for lumbar spine disability due to the appellant's withdrawal.

The Veteran's claim for service connection for right arm radiculopathy due to degenerative arthritis of the cervical spine was granted with an effective date of July 22, 2014. The rating for his degenerative arthritis right hip and small labral cysts remains at 10 percent. His initial increased rating for degenerative arthritis of the cervical spine with degenerative disc disease is also granted.

The Veteran's initial higher ratings for radiculopathy of the right and left upper extremities have been denied.,Effective dates prior to October 20, 2014 for service connection of radiculopathy of the right and left upper extremities have also been denied.

The Board dismissed the appeal because the Veteran withdrew it prior to a decision being made.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment as of February 29, 2020. The Board finds that the evidence is at least in equipoise as to whether his service-connected disabilities alone are of sufficient severity to produce unemployability.

The Veteran's claims for increased ratings and effective dates have been denied. The current 40 percent rating for postoperative degenerative arthritis of the lumbar spine was granted on April 12, 2017.,The current 20 percent ratings for radiculopathy of the left sciatic nerve, left femoral nerve, and right lower extremity (RLE) were also granted on April 12, 2017.

The Veteran's appeal for increased ratings and TDIU has been dismissed as he is already receiving the maximum combined rating for his service-connected disabilities.

The Veteran's claims for increased ratings and benefits were denied. The right lower extremity below the knee amputation is rated at 40 percent, which is the maximum available under Diagnostic Code 5165.,The Veteran's claim for a compensable evaluation for his stump scar was also denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical spine condition was pre-existing and not aggravated by service.

The Board has remanded the case for a new medical opinion to determine the overall impact of the Veteran's service-connected disabilities, including lumbosacral back strain and bilateral lower extremity radiculopathy. The Veteran is currently rated at 60% disability due to these conditions.

The Board has remanded the claims for service connection for left hand numbness, right hand numbness, and sinusitis due to inadequate VA examinations. The Veteran's symptoms need further evaluation by a VA examiner.

The Veteran's lumbar strain with IVDS and left lower extremity radiculopathy have been rated as 10 percent and 20 percent, respectively, since the relevant dates. The Board has found that these ratings are not warranted for increased evaluations.,The evidence does not support a finding of incapacitating episodes or neurological impairment associated with the Veteran's lumbar strain with IVDS or left lower extremity radiculopathy.

The Veteran's claims for service connection for a back disability and bilateral lower extremity radiculopathy have been denied as there is no evidence of in-service injury or disease, and the current conditions are not related to service.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete records and need for additional medical opinions.

The Veteran's claim for increased ratings for peripheral neuropathy of the left lower sciatic and anterior crural nerves is being remanded due to unclear nature and severity of his symptoms, including hip and thigh pain.

The Veteran's appeal for service connection for a right leg condition is dismissed as his claim has been resolved by the grant of service connection for right lower extremity radiculopathy. The appeals for bilateral heel disability and major depressive disorder are remanded.

The Veteran's claims for increased ratings and benefits are remanded due to the need for additional examinations and evaluations.

The Board has remanded the claims for increased ratings and TDIU due to scheduling issues, and requests additional documentation. The low back disability claim is being considered up to May 8, 2019.

The Veteran's service-connected neck disability and associated left upper extremity radiculopathy do not meet the requirements for a TDIU as his combined rating is less than 60%.