Radiculopathy & sciatica decisions — 2020

The Board has decided to remand the cases for further examination and opinion regarding service connection for left shoulder, elbow, and radiculopathy disorders. The examiner is asked to address whether these conditions are related to military service or a service-connected disability.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service-connected cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, lumbar spine disability, and scars. The issues of increased ratings are also being remanded.

The Veteran's claim for service connection for cervical spine DDD and bilateral upper extremity radiculopathy was granted. The appeal regarding an earlier effective date for TDIU and DEA is dismissed due to the invalid NOD filed by the Veteran.

The Veteran's claim for an effective date of September 9, 2014 for left lower extremity radiculopathy was granted. The right leg disability issue is remanded due to insufficient evidence.

The Board has determined that the service connection for Degenerative Disc Disease (DDD) at L3-4 and L4-5, as well as left lower extremity radiculopathy associated with DDD at L3-4 and L4-5, was properly severed due to clear and unmistakable error in granting these conditions on a presumptive basis.

The Veteran's right lower extremity radiculopathy is being remanded for a new examination to assess the current severity of his condition.

The Veteran's right lower extremity radiculopathy was rated at 20 percent prior to May 21, 2018 and after that date the rating is denied.,The Veteran's lumbar strain with anterolisthesis and spondylolisthesis and IVDS was rated at 20 percent prior to May 21, 2018 and after that date the rating is denied.

The Veteran's right lower extremity radiculopathy involving the sciatic nerve is rated at 20 percent prior to June 14, 2019 and increased to 40 percent from June 14, 2019 to January 13, 2020. Effective January 13, 2020, the Veteran's right lower extremity radiculopathy is rated at 60 percent.

The Veteran's claims for increased evaluations of his service-connected spondylosis L5-S1, bilateral radiculopathy (right and left lower extremities), and TDIU are being remanded due to the need for additional examinations and development.

The Veteran's service connection claim for a sleep condition is denied. The rating in excess of 30 percent for migraine headaches is also denied. The reduction from 20% to noncompensable rating for RLE radiculopathy is upheld.

The Veteran's claims for increased ratings and special monthly compensation for loss of use of the legs are being remanded due to the need for a new comprehensive neurologic examination.

The Board denied the Veteran's claims for specially adapted housing and a special home adaptation grant because his service-connected disabilities do not meet the criteria for these benefits.

The Veteran's lumbar spine disability and associated radiculopathies are rated based on their underlying conditions, with separate ratings for each affected extremity.,A TDIU is granted effective from June 6, 2016.

The Board has granted a higher disability rating of 40 percent for the Veteran's service-connected left lower extremity radiculopathy, finding that it manifests as moderately severe incomplete paralysis.

The Veteran's claims for increased ratings for his right and left lower extremity diabetic neuropathy (sciatic nerve) and femoral nerve disabilities have been denied as the evidence does not support a finding of more than moderate incomplete paralysis.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation and Pension Service for extraschedular consideration due to his service-connected thoracic spine and left lower extremity radiculopathy disabilities.

The Veteran's degenerative disc disease of the lumbar spine is rated at 10 percent prior to July 20, 2017 and at 20 percent thereafter. The Veteran's sciatic radiculopathy of the left leg is currently rated at 10 percent.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment due to lack of loss or permanent loss of use of hands or feet, ankylosis of knees or hips, or vision impairment.

The Veteran's claims for right knee disability and right lower extremity sciatica/radiculopathy have been denied as new and relevant evidence has not been received. The claim for skin disability (uricaria) is established but the service connection remains to be determined.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining a substantially gainful occupation, thus his claim for TDIU was denied.