Radiculopathy & sciatica decisions — 2021

The Board dismissed all claims of service connection due to the death of the appellant.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 13, 2019 due to insufficient evidence showing that he was unable to secure or follow substantially gainful employment as a result of his service-connected disabilities.

The Board has remanded the case for additional development to obtain missing VA treatment records and physical therapy records. The issues on appeal include evaluations for peripheral neuritis of the sciatic nerve, femoral nerve, and type II diabetes mellitus.

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected T12 compression fracture. The Veteran's left mandible fracture, chin and neck scar, status post T12 compression fracture, left sciatic nerve paralysis, right index finger shrapnel injury, right knee disorder, left knee disorder, bilateral toenail fungus, and bilateral hearing loss are all denied or granted with specific ratings.

The Veteran's radiculopathy of the left and right upper extremities is granted as secondary to his service-connected osteoarthritis of the cervical spine from April 18, 2006, to March 5, 2017.

The Board has remanded the Veteran's claims due to a lack of information on the competency of VA examiners who performed his C&P examinations. The AOJ is instructed to provide the Veteran with this information.

The Board has denied a rating in excess of 20 percent for the Veteran's cervical spine disability and has remanded the issue of service connection for right upper extremity (RUE) cervical radiculopathy.

The Veteran's service-connected lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are remanded for further evaluation due to worsening symptoms.

The Veteran's right lower extremity radiculopathy is granted service connection. The earlier effective date for TDIU from June 30, 2012 is granted. The rating in excess of 10 percent for recurrent abscesses with lichen simplex chronicus and residual scarring and tension headaches are remanded.

The Veteran's service-connected radiculopathy, left lower extremity is granted a 20 percent rating effective August 11, 2011. The Board finds moderate incomplete paralysis of the left sciatic nerve and grants this condition a 20 percent disability rating from that date.

The Veteran's claims for higher ratings of his service-connected lumbar spine disability and radiculopathy, left lower extremity are being remanded due to the need for additional medical examination. The TDIU claim is also deferred until further notice.

The Veteran's PTSD due to military sexual trauma is rated at 70 percent, effective from the date of the decision.,Service connection for low back disability (lumbar degenerative joint disease) is granted as secondary to service-connected degenerative arthritis of the cervical spine.

The Veteran's right upper extremity radiculopathy associated with his neck condition is now rated at 70 percent, effective June 26, 2019.

The Veteran's service-connected low back condition and bilateral sciatic nerve radiculopathy have been granted separate evaluations of 20 percent each, effective from the date of the decision. The initial rating for chronic mechanical low back syndrome remains at 10 percent.

The Veteran's radiculopathy in each lower extremity was found to not meet the criteria for an increased schedular evaluation beyond a 10 percent rating prior to November 6, 2015; between November 6, 2015 and August 5, 2016; from August 5, 2016 to November 21, 2019; and since November 21, 2019.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations.

The Board has remanded the Veteran's claims for service connection due to lack of substantial compliance with prior remand instructions and issues related to pre-existing conditions. The case is being returned for further development, including obtaining service treatment records and personnel records.

The Veteran's appeal for an initial disability evaluation in excess of 10 percent for left knee patellofemoral syndrome was denied. The Board found the evidence did not support a finding that her condition manifested with limitation of flexion of 30 degrees or less at any time during the appeal period, warranting the higher 20 percent evaluation under DC 5260. Service connection for bilateral lower extremity neurological disorder (including sciatica) was remanded due to insufficient medical evidence.

The Veteran's claims for service connection have been denied as there is no evidence of in-service incurrence or continuity of symptomatology for the claimed conditions.

The Veteran's service-connected residuals of a lumbar laminectomy are rated at 20 percent, effective May 10, 2010. The claim for an increased rating is denied.,Prior to November 12, 2019, the Veteran's sciatic radiculopathy of the lower left extremity was rated at 20 percent; after that date, it has been rated at 40 percent.