Radiculopathy & sciatica decisions — 2020

The Veteran's IBS is rated at the maximum schedular rating. The Board has denied a higher rating for IBS, and has remanded the issues of service connection for lumbar spine disability with bilateral lower extremity radiculopathy and fatigue syndrome, to include CFS.

The Veteran's claim for service connection for sleep apnea has been reopened and is being remanded.,An effective date earlier than January 6, 2015 for the evaluation of generalized anxiety disorder is denied.,An effective date earlier than January 6, 2015 for the evaluation of left lower extremity sciatica is denied.,The reduction in disability rating for ischemic heart disease from 60 to 30 percent was proper and remains valid.,A compensable disability rating for COPD prior to July 19, 2018 is denied. A 10% disability rating for COPD from July 19, 2018 is granted.,An effective date earlier than January 6, 2015 for the evaluation of hypertension is denied.

The Veteran's back condition is rated at 40 percent from November 24, 2014. The rating is denied for a higher rating as the evidence does not show unfavorable ankylosis or forward flexion to less than 30 degrees.

The Veteran's service-connected disabilities, including migraine headaches and vertigo, have rendered her unable to secure and follow substantially gainful employment prior to March 27, 2019. The Board has granted a total disability rating based on individual unemployability due to these conditions.

The Veteran's claim for increased evaluations for his lumbar spine disability and bilateral lower extremity radiculopathy is being remanded due to the need for a new VA examination.

The Veteran's claim for a rating in excess of 70 percent for PTSD prior to December 19, 2019, is denied. The Board also notes that the issues of service connection for right upper extremity and left upper extremity radiculopathy are remanded due to lack of an opinion on secondary service connection.

The Veteran's appeals for higher evaluations of his left lower extremity radiculopathy, back disability, and left ankle disability have been dismissed due to the withdrawal of these claims by the Veteran and his representative.,The effective date for a 10 percent rating for left lower extremity radiculopathy has been denied as it is not earlier than May 30, 2014.

The Veteran's left lower extremity radiculopathy involving the sciatic nerve is rated at 20 percent since February 13, 2018. The Board found that a higher rating was not warranted based on the evidence of record.

The Veteran's ADHD, back condition, and left lower extremity radiculopathy have been granted service connection. The rating for the back condition has been increased to 40 percent, effective February 10, 2015.

The Board denied the Veteran's claims for service connection due to lack of new and relevant evidence that could establish a link between his current disabilities and his military service.

The Veteran's service-connected disabilities render him in need of regular aid and attendance of another person, but he does not meet the criteria for SMC based on housebound status.

The Board has decided to remand the Veteran's claims for service connection for bilateral upper and lower extremity radiculopathy and bilateral pes planus due to outstanding private treatment records and need for a new examination.

The Veteran's claim for service connection for right-foot drop, as secondary to IVDS, was denied.,Claims for increased disability evaluations in excess of 10 percent for right-lower-extremity and left-lower-extremity sciatic-nerve radiculopathy were also denied.,An earlier effective date of February 3, 2017 for a 30 percent disability evaluation for tension headaches was granted.

The Board has decided to remand the cases due to the need for additional development, including obtaining SSA records and medical records related to the Veteran's claims.

The Veteran's right knee brace caused wear and tear to his pants in 2018, leading to a clothing allowance for that year.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, including degenerative disc disease, left convex lumbar scoliosis, and spinal stenosis. The evidence does not establish that these conditions are related to his active duty service.

The Board has determined that the Veteran's service connection claims for a cervical spine disorder, lumbar spine disorder, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and traumatic brain injury are not supported by competent evidence of a nexus to his active service. The Veteran's STRs do not show any complaints or diagnoses related to these conditions until many years after separation from service.

The Board dismissed the appeals regarding proposed reductions in ratings for peripheral neuropathy affecting both lower extremities as the proposed reduction was not implemented.

The Veteran's service-connected disabilities, including lumbar spine arthritis disc disease with spondylosis, bronchial asthma, radiculopathy right lower extremity, and radiculopathy left lower extremity, have rendered him unable to secure and follow substantially gainful employment due to his physical limitations. The Board granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Board has remanded the cases for further development to address whether the Veteran's service-connected disabilities are permanently disabling and to determine his eligibility for education benefits under Chapter 35.