Radiculopathy & sciatica decisions — 2021

The Veteran's claim for increased ratings for degenerative disc disease at L4-L5 and radiculopathy of the sciatic and femoral nerves was granted, with specific ratings assigned. The Veteran also received a TDIU determination prior to December 23, 2016.

The Veteran's claim for service connection for a traumatic brain injury is denied as the evidence does not support a finding that he had such an injury during his active service.,The Veteran's lumbar spine disability, rated at 40 percent prior to August 19, 2014, and 20 percent thereafter, is remanded for further development due to inconsistencies in the medical records regarding the nature of the injuries sustained during service.,The Veteran's right lower extremity radiculopathy is granted a higher rating of 40 percent from November 8, 2019, but his left lower extremity radiculopathy remains at 40 percent. Both conditions are remanded for further development.,The Veteran's bilateral hearing loss claim is also remanded as the evidence does not meet the criteria for a higher rating.

The Veteran's claim for increased ratings for his bilateral lower extremity peripheral neuropathy was denied. The conditions were rated based on the severity of incomplete paralysis, with no higher ratings available.

The Veteran's radiculopathy of the left lower extremity is granted service connection, while his back disability remains remanded for further evaluation.

The Veteran's appeals for increased ratings for spondylolisthesis and radiculopathy of the left lower extremity have been dismissed due to his death.

The Veteran's appeal was dismissed as he requested to withdraw his claims for spleen disability and right knee scar.,The claim for service connection for OSA has been reopened due to the submission of new evidence.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective October 8, 2021.,Separate initial ratings of 10 percent each are granted for sciatic radiculopathy of the left and right lower extremities from May 5, 2009 to May 5, 2013. Effective May 15, 2013, separate initial ratings of 10 percent each are granted.,Separate initial ratings higher than 10 percent for sciatic radiculopathy of the left and right lower extremities from May 15, 2013 to March 5, 2020 are denied.

The Veteran's claims for higher initial ratings in excess of 20 percent for his service-connected bilateral lower extremity radiculopathy (sciatic nerve) and femoral nerves have been denied.,The Board finds that the weight of the evidence is against finding that the criteria for a rating in excess of 20 percent are warranted for the Veteran's left and right lower extremity radiculopathy (sciatic and femoral nerves).

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

The Board denied the Veteran's claim for a TDIU due to his bilateral knee conditions and associated disabilities, finding that none of his service-connected disabilities meet the schedular criteria for a TDIU. The Board also found no evidence of unemployability due to these disabilities alone.

The Veteran's multiple service-connected disabilities, including TBI and PTSD, do not prevent him from securing or following substantially gainful employment due to his educational and occupational history.

The Board has granted initial ratings of 40 percent for bilateral lower extremity radiculopathy, but these decisions are vacated due to procedural issues. The Veteran's symptoms have been characterized as 'moderately severe' incomplete paralysis.

The Veteran's service-connected disabilities did not render him unemployable from June 7, 2012, to December 5, 2012. The Board found that the preponderance of evidence showed he was not unemployable by reason of his service-connected conditions.

The Veteran's service connection claim for a cervical spine disorder is granted. The claims of increased ratings for arthrosis post left knee medial meniscus tear, lumbar degenerative disc disease with left sciatica, and left lumbar radiculopathy are remanded. The Veteran's claim of service connection for sleep apnea is also remanded. His claim of an increased rating for anxiety, NOS is remanded as well. Finally, his TDIU claim is remanded.

The Veteran's bilateral upper and lower extremity peripheral neuropathy and radiculopathy are currently rated as 10 percent disabling. The Board has determined that ratings in excess of 10 percent are not warranted based on the current evidence.

The Board has remanded the Veteran's claims for further development due to inconsistencies between the frequency of prostrating attacks reported by the Veteran and those found by the examiner, as well as discrepancies in the range of motion findings.

The Veteran's appeal includes requests for a higher evaluation for left lower extremity radiculopathy and a TDIU prior to June 20, 2020. The Board has determined that the most recent VA examination is inadequate for rating purposes due to lack of testing and remanded these issues for further development.

The Veteran's claim for chronic pain syndrome is granted, and he is awarded an effective date of June 21, 2013 for his right knee arthroscopic surgical scars. The claims for earlier effective dates for bilateral lower extremity femoral radiculopathy and right elbow olecranon bursitis with spur are denied.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, anxiety disorder, bilateral lower extremity radiculopathy, degenerative arthritis of the bilateral knees, and instability of the knees, have prevented him from securing or maintaining substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has determined that the Veteran's claims for earlier effective dates and increased ratings are remanded due to a duty to assist error.