Radiculopathy & sciatica decisions — 2020

The Veteran's herniated nucleus pulposus and lumbar facet syndrome are not rated higher than 40 percent due to lack of ankylosis or IVDS with incapacitating episodes.,For the period prior to June 7, 2018, the Veteran’s sciatic nerve radiculopathy is rated at 20 percent. For the period following June 7, 2018, it remains rated at 20 percent.

The Veteran's lumbar disc syndrome and sciatic neuropathy were denied increased ratings, with the exception of a separate 10 percent rating for radiculopathy in both lower extremities as of January 24, 2014.

The Board has remanded the claims for a rating in excess of 40 percent for a lumbar spine disability, a rating in excess of 20 percent for right lower extremity radiculopathy, and a rating in excess of 10 percent for left lower extremity radiculopathy. The TDIU claim is also remanded.

The Veteran's TDIU claim was granted effective March 29, 2004 on an extraschedular basis due to his inability to work since October 2000.

The Board has remanded the Veteran's claim for a low back disability, including as secondary to service-connected bilateral knee disabilities. The case is being returned for further development and an addendum medical opinion.

The Veteran's service-connected left ankle and low back disabilities prevented him from obtaining and maintaining substantially gainful employment prior to June 12, 2015. The Board has granted TDIU on an extraschedular basis for this period.

The Veteran's lumbar spine DDD, right and left lower extremity radiculopathies are all granted with specific ratings. The lumbar spine DDD is rated at 40% from May 26, 2011 to January 31, 2019, and the right and left lower extremity radiculopathies are each rated at 40% from May 7, 2018.

The Board has remanded the claims for increased ratings for right and left upper extremity radiculopathy due to inextricable interdependence with the cervical spine disability claim. The effective date of SMC based on need for aid and attendance (A&A) of the Veteran's spouse is granted as May 11, 2012.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance, as his need for assistance stems primarily from his non-service-connected cyclical vomiting syndrome.

The Veteran's claim for service connection for obesity is denied as a matter of law. The Board also remanded several other claims related to the Veteran's right knee, gastrointestinal condition, psychiatric disorder, low back condition, radiculopathy, chronic sinusitis, and headaches.

The Board has remanded several issues related to the Veteran's claims for service connection, including respiratory and sleep disorders, left shoulder disorder, neck spasms and radiculopathy, right knee disorder, left knee disorder, and heat edema of the right lower extremity. The remand includes obtaining VA treatment records, scheduling a DRO hearing, and requesting expert opinions on the nature and etiology of these conditions.

The Veteran's initial evaluations for left and right lower extremity radiculopathy have been granted at 40% and 20%, respectively. The claim for compensation under 38 U.S.C. § 1151 for failure to diagnose cardiomyopathy has been denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the appeal for an increased rating is denied.

The Board has determined that the NODs received on August 23, 2017 were timely for all issues except PTSD. The claims are being remanded to allow the AOJ to issue a statement of the case (SOC) for those issues.

The Board dismissed all appeals regarding service connection and increased rating for various conditions as the appellant withdrew his appeal through his authorized representative.

The Veteran's lumbosacral strain and right lumbar radiculopathy were not rated higher than the assigned percentages, with the exception of a separate rating for right lumbar peroneal nerve radiculopathy. The case is remanded due to issues related to these conditions.

The Board has remanded the Veteran's claims for neck disorder, degenerative arthritis of the lumbar spine, and radiculopathy associated with her service-connected disabilities due to insufficient medical opinions regarding the etiology of her conditions. The Veteran is also seeking a TDIU based on her service-connected disabilities.

The Veteran's adjustment disorder with anxiety has been granted a 50 percent rating.,Seasonal allergic rhinitis is not compensable under the applicable rating criteria.,Service connection for degenerative disc disease of the lumbar spine, bilateral radiculopathy of the left and right sciatic nerves have all been granted.,Service connection for eczema has been granted.,Service connection for headaches has been granted.,Left ankle injury with residual small bony fragment of the left os navicularis has been granted.

The Veteran's radiculopathy of the left lower extremity and TDIU claims are remanded due to insufficient examination addressing his symptoms.

The Board denied the Veteran's claim for service connection for right arm radiculopathy, finding that he did not have a current disability at any time during the pendency of his claim or approximate thereto.