Radiculopathy & sciatica decisions — 2021

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, and the Board has remanded this issue for further development.

The Veteran's claim for a separate rating of 20 percent for left lower extremity radiculopathy prior to April 30, 2012 is granted. The Veteran's claim for TDIU effective January 8, 2010 is also granted.

The Veteran's lumbosacral sprain and bilateral lower extremity peripheral neuropathy were denied increased ratings. The lumbosacral sprain was not rated higher than 20 percent, while the right and left lower extremity peripheral neuropathies each received a 20 percent rating effective January 10, 2019.

The Board denied service connection for denervation of left C8/T1 myotomes with cervical radiculopathy, granted service connection for left wrist median neuropathy and left elbow ulnar neuropathy, but denied an initial compensable rating for residuals of left fifth digit fracture.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, effective March 9, 2020.,Prior to March 9, 2020, the Veteran's left lower extremity radiculopathy was rated at 10 percent. From March 9, 2020, it is rated at 40 percent.,The Veteran's lumbosacral strain is increased from 10 to 40 percent effective March 9, 2020.

The Veteran's service-connected disabilities did not preclude him from securing or maintaining substantially gainful employment prior to November 2, 2020.

The Board has determined that there has not been substantial compliance with the remand directives and thus, another remand is needed before the Board can adjudicate these issues.

The Board has remanded the cases for additional development due to incomplete medical opinions from a previous VA examination.

The Veteran's appeal is remanded due to worsening symptoms, and he needs new VA examinations for his cervical spine and right upper extremity radiculopathy.

The Veteran's claims for increased ratings for right and left upper extremity radiculopathy have been denied. The Board found that the evidence did not support a rating in excess of 20 percent for either condition.

The Veteran's service connection for anxiety disorder is granted, and he receives a higher rating of 70 percent. Effective May 16, 2018, the Veteran also received earlier effective dates for his service connection for radiculopathy of the right lower extremity and left lower extremity.

The Veteran's appeals for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy, right leg have been dismissed as the Veteran withdrew his appeal in a June 2020 Appeals Satisfaction Notice.

The Veteran's thoracolumbar spine disability is rated at 20% prior to September 1, 2020 and 40% thereafter. The Board has remanded the case for further development regarding service connection for bilateral hearing loss and earlier effective dates for increased ratings of radiculopathy.

The Veteran's appeals for increased ratings and service connection were dismissed due to his withdrawal of the issues. The Board also noted that new VA examinations are needed for some of the disabilities on appeal.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, and the Board has granted his TDIU claim effective June 10, 2009.

The Veteran's initial claim for a disability rating of 40 percent for right lower extremity radiculopathy prior to January 10, 2017 was granted. From January 10, 2017 forward, the Veteran is now rated at 60 percent.

The Veteran's lumbar spine disability, left and right lower extremity radiculopathy, and bilateral hearing loss are all granted as service-connected.

The Board has denied the Veteran's claims for service connection for thoracolumbar spine disability, pelvic disability (status post bilateral hip replacements), and right lower extremity radiculopathy due to a lack of evidence showing that these conditions began during or are otherwise related to his military service.

The Veteran's claim for increased ratings and service connection was partially granted. The Veteran is now rated at 10% for residuals of laceration injury, left middle finger; however, his claims for an evaluation in excess of 10% for painful scar, left middle finger, associated with residuals of laceration injury, and for an evaluation in excess of 20% for radiculopathy of the left upper extremity are denied. The Veteran's claim for service connection for multiple pulmonary nodules, right upper outer lung, and left foot tendonitis is remanded.

The Board has decided to remand the case due to the need for further development, including a new vocational rehabilitation evaluation and functional capacity assessment. The Veteran's service-connected conditions have worsened since his last evaluation.