Radiculopathy & sciatica decisions — 2020

The Board has denied service connection for various conditions including depression, anxiety, obstructive sleep apnea, hemorrhoids, gastroesophageal reflux disease (GERD), a lumbar spine condition, bilateral knee joint pain, bilateral lower extremity sciatic nerve radiculopathy and allergic rhinitis.

The Board has remanded the claims for hypertension, radiculopathy of the right lower extremity, and peripheral neuropathy of the left upper extremity due to new evidence submitted after the September 2009 rating decision. The PTSD claim remains in a denied status.

The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment prior to July 7, 2016.

The Veteran's ratings for DDD of the thoracolumbar spine and radiculopathy of the RLE and LLE have been increased to 20 percent effective December 16, 2019. The Veteran's rating for radiculopathy of the LLE remains at 10 percent.

The Veteran's right lower extremity sciatic neuropathy is currently rated as 40 percent disabling. The Board has granted this rating.,For the left and right upper extremities, the Veteran's claims for service connection are remanded due to insufficient evidence of current disabilities.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated left lower extremity radiculopathy are not rated higher than 20 percent.

The Veteran's cervical disability, bilateral upper extremity radiculopathy, and bilateral shin splints or tibial stress fractures are all granted as service-connected.,Service connection is established for a cervical disability due to active service. The Veteran also has secondary service connection for bilateral upper extremity radiculopathy related to his cervical disability. Service connection is not established for bilateral shin splints or tibial stress fractures.

The Board has dismissed all issues related to increased ratings on an extraschedular basis for various back and knee conditions as the appellant withdrew his appeal.

The Board has remanded the case due to non-compliance with previous remand directives and a need for an additional VA examination.

The Veteran's migraine headaches are rated at the maximum schedular evaluation of 50 percent, and extraschedular consideration is not warranted.,The Veteran’s degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a higher rating than the current 40 percent evaluation.,The Veteran's radiculopathy of the lower right extremity warrants a 20 percent rating, and his radiculopathy of the lower left extremity is rated at 20 percent.,The Veteran’s residuals of a right foot fracture are rated at the maximum schedular evaluation of 10 percent, and his residuals of a left foot fracture are also rated at 10 percent.,The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent.,All remaining issues have been remanded for further development.

The Veteran's service-connected disabilities, including coronary artery disease and lumbar spine arthritis, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted his claim for total disability rating based on individual unemployability.

The Board denied service connection for various conditions, including nasal deviation, right great toe disorder, heart disorder, gastritis, and sinusitis. The Board also denied service connection for radiculopathy in the upper and lower extremities.

The Veteran's claim for a rating in excess of 10 percent for his cervical spine disorder has been denied.,The Veteran's claim for a separate rating for cervical radiculopathy of the right upper extremity has also been denied.

The Veteran's claim for service connection for headaches, bilateral shoulder disorders, TBI, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity has been reopened. Service connection is granted for headaches and TBI. The claims for bilateral shoulder disorders and both types of radiculopathy are denied.

The Veteran's initial claim for service connection was granted in November 2011, with a 10% rating effective July 25, 2007. The RO increased the ratings to 20% effective October 23, 2013.,For the period prior to September 19, 2013, the Veteran's back condition was not more than 10%, and for the period between September 19, 2013 and March 20, 2018, it was not more than 20%. Since July 1, 2018, a 40% rating has been granted.

The Veteran's service-connected right and left lower extremity radiculopathy of the femoral and sciatic nerves have been granted effective August 2, 2011. The initial ratings for these conditions remain at 10 percent.

The Veteran's claim for a higher rating for major depressive disorder with anxious distress (also claimed as PTSD) was denied, and he is still rated at 70 percent. The Veteran also received SMC based on the need for aid and attendance due to service-connected disabilities.

The Veteran's right and left lower extremity sciatic nerve radiculopathy are currently rated at 10% each, with no higher evaluations possible under the applicable rating criteria.

The Veteran's neck disability is denied as not related to service.,Service connection for radiculopathy of the right upper extremity, secondary to a neck disability, is also denied.,Service connection for radiculopathy of the right lower extremity, including as secondary to a service-connected lumbosacral strain, is denied.

The Board denied the Veteran's claims for service connection for bladder dysfunction, right radiculopathy, and left radiculopathy as secondary to his service-connected low back strain. The Board found that there was not sufficient medical evidence to establish a nexus between the claimed conditions and the service-connected disability.