Radiculopathy & sciatica decisions — 2021

Service connection for hypertension was denied.,The Veteran's left knee limitation of flexion and instability were not granted increased ratings, but a 10% rating was granted prior to February 24, 2015, and a 20% rating from February 24, 2015 through April 17, 2016.,The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome was granted a 40% rating prior to April 18, 2016 and denied for higher ratings thereafter. ,Service connection for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve were not granted increased ratings.,Service connection for ankylosing spondylosis and degenerative arthritis of the cervical spine was granted, but denied for higher ratings.

The Veteran's claims for increased ratings for cervical spine disability and RUE radiculopathy were denied. The Board found that the disabilities did not meet or approximate criteria for a higher rating.

The Veteran's service-connected intervertebral disc syndrome, thoracolumbar spine and bilateral lower extremity radiculopathy are currently rated at 20 percent each. The appeal for higher ratings is denied.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's left ear hearing loss is granted service connection due to in-service noise exposure. Service connection for cervical spine, left wrist, and lumbar spine disabilities are denied as there is no credible evidence of such injuries during service or within one year thereafter.

The Veteran's degenerative arthritis of the spine is rated at 20 percent effective September 30, 2014. His right lower extremity radiculopathy is also rated at 20 percent, but he does not have a higher rating for this condition.

The Veteran has withdrawn his appeals for the remaining issues, including service connection and rating claims related to sleep apnea, cervical spine disability, lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's depressive disorder is rated at 70 percent, but no higher. The Veteran's lumbar spine intervertebral disc syndrome is rated at 40 percent from January 30, 2020 and denied for prior to that date. The Veteran's left lower extremity radiculopathy is rated at 20 percent. The Veteran's patellofemoral syndrome of the left knee is denied.

The Veteran's loss of use of both feet is granted with a special monthly compensation (SMC) based on the loss of use of both legs. The issue of entitlement to an earlier effective date for a TDIU rating is dismissed as moot due to the grant of a 100 percent schedular rating. The case is remanded for further development regarding the Veteran's lumbar spine disability.

The Veteran's left lower extremity radiculopathy is rated at 20 percent from May 18, 2009. The Board has remanded the issues of entitlement to a disability rating in excess of 20 percent for degenerative disc disease and TDIU.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete or inaccurate factual premises in previous VA examination opinions. The Veteran will be provided with another VA examination to assess the nature and etiology of her diagnosed conditions.

The Veteran's appeal is remanded due to the need for additional VA treatment records from 1981 to 2007. The effective date of the sciatica rating remains March 7, 2005.

The Veteran's acquired psychiatric disability, including PTSD with anxiety and depressed mood, is rated at 50 percent. The Board found that a higher rating was not warranted.,The Veteran’s TDIU claim has been remanded due to his service-connected disabilities.

The Veteran's claims for service connection for lumbar degenerative disc disease, cervical degenerative disc disease, left and right lower extremity radiculopathy have all been granted.

The Board has dismissed the Veteran's appeals for service connection and rating determinations related to various conditions, including left ear hearing loss disability, prostate cancer, an acquired psychiatric disorder, lumbar spine degenerative joint disease (DDD)/degenerative disc disease (DDD), and left lower extremity radiculopathy. The decision is due to the death of the Veteran.

The Veteran's claim for service connection for kidney stones was denied in July 2015, and the claim has been reopened due to new evidence. The Board finds that there is no evidence of a nexus between the current disability and service.,Service connection for IBS was granted in July 2015 with an effective date of November 19, 2014. The Veteran's appeal regarding the effective date is dismissed as untimely.

The Board dismissed the appeals due to the Veteran's withdrawal of these claims prior to a decision being made.