Radiculopathy & sciatica decisions — 2020

The Board has remanded several issues related to the Veteran's service-connected low back disability, including evaluations for radiculopathy in both lower extremities and left knee strain. The evaluation of right common peroneal nerve residuals is also remanded.

The Board has remanded several claims for further development, including obtaining medical opinions and treatment records to address the Veteran's service connection claims for various conditions.

The Board has determined that the Veteran's claims for neck, thoracolumbar spine, right and left lower extremity radiculopathy, and left shoulder conditions are remanded due to the need for additional medical examinations.

The Board has remanded the Veteran's claims for service connection for various orthopedic and psychiatric conditions due to incomplete records and a need to verify one of his claimed inservice stressors.

The Board denied an increased initial rating in excess of 20 percent for left sciatic peripheral neuropathy, finding that the Veteran's condition was characterized by moderate incomplete paralysis and did not meet criteria for a higher evaluation.

The Board has granted a rating of 20 percent for left lower radiculopathy, but the case is remanded for further development and examination regarding back condition, left leg radiculopathy, and TDIU.

The Board granted a 40 percent evaluation for the Veteran's lumbar herniated disc from April 27, 2013 to February 9, 2020. The Veteran previously had a 10 percent evaluation for this period and was denied higher evaluations.

The Veteran's initial ratings for radiculopathy of the left lower extremity were denied, with a rating in excess of 10 percent being granted beginning March 16, 2020.,Initial compensable ratings were also denied for both the right and left lower extremities.

The Board has remanded the Veteran's claims for increased ratings for left and right ear hearing loss due to insufficient notice of the August 2017 supplemental statement of the case. The Veteran is also entitled to a new VA audiological examination to determine the current severity of his right and left hearing loss.

The Veteran's GERD and RLE radiculopathy have been granted increased disability ratings of 30 percent for GERD and 20 percent for RLE radiculopathy, effective from the date of the decision.

The Veteran's cervical spine disability, right upper extremity radiculopathy, and lumbar spine disability are rated at 20 percent. The Veteran's left ankle disability is rated at the maximum schedular rating of 20 percent. The Veteran's right lower extremity radiculopathy is rated at 10 percent prior to January 12, 2020 and at 20 percent thereafter.

The Board has determined that the claims for headaches, neck condition (claimed as lower back condition), and right lower sciatica are remanded due to a duty to assist error. The Veteran's representative asserts continuity of symptoms since active service. The claim for transient ischemic attacks is denied.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, including dementia, chronic pancreatitis, and various neuropathies. The SMC rating is at the P-2 level.

The Veteran's cervical spine condition is granted as service-connected.,Service connection for bilateral upper extremity radiculopathy (left and right) is denied.,Service connection for a bilateral feet condition is remanded.

A rating of 40 percent for peripheral neuropathy of the right lower extremity (sciatica) is granted effective from September 11, 2015. A total disability rating for compensation based on individual unemployability (TDIU) is also remanded.

The Veteran's right knee injury, neck condition, and radiculopathy of the right upper extremity are all granted. The right knee injury is granted as service-connected. For the neck condition, a 30 percent rating is granted from April 5, 2018, thereafter. For the radiculopathy of the right upper extremity, a 20 percent rating is granted from July 31, 2006, to April 4, 2018, and a higher rating is denied starting from April 5, 2018.

The Veteran's disability ratings for degenerative disc disease of the lumbar spine and radiculopathy of both lower extremities have been granted. The lumbar spine is rated at 10 percent, while the right and left lower extremity radiculopathies are each rated at 10 percent.

The Veteran's appeal is being returned to the Board for further action due to procedural issues related to his request for an extension of time to reply to the Supplemental Statement of the Case.

The Board has remanded the Veteran's claims for service connection for low back, bilateral knee, and bilateral ankle conditions, as well as radiculopathy of the lower extremities. The claims are being remanded due to a lack of VA examination.

The Veteran's claims for service connection for intervertebral disc disorder of the lumbar region with myelopathy and mild fecal incontinence, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were granted. The effective dates are January 16, 1971, June 26, 2008 for each respective condition.