Radiculopathy & sciatica decisions — 2021

The Veteran's right shoulder degenerative joint disease is currently rated at 40 percent prior to March 18, 2016 and 30 percent thereafter. The Veteran's right upper extremity radiculopathy was initially rated at 20 percent from October 10, 2018 to December 15, 2019 and is now rated at 50 percent.,The Veteran's right shoulder disability has been found to be more than just limited motion of the arm midway between side and shoulder level.

The Board has granted service connection for bilateral hearing loss, tinnitus, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claims are based on direct service connection due to the Veteran's active duty service.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 1, 2015. The rating for radiculopathy of the left and right lower extremities remains at 20 percent.

The Veteran's right lower extremity radiculopathy is rated at 40 percent prior to July 15, 2015, and the Board has granted a grant of this rating. The issue remains pending as he was denied an increased rating for his condition after that date.

The Board has remanded the claims for increased evaluations for right upper extremity radiculopathy, left upper extremity radiculopathy, and cervical spine disability. A new VA examination is required to assess current severity of these conditions.

The Veteran's service-connected disabilities, including his thoracolumbar spine disability and bilateral lower extremity radiculopathies, have rendered him unemployable since October 15, 2019. A TDIU rating is granted from that date.

The Veteran's service-connected cervical spine disability is rated at 30 percent from May 31, 2018. He also received a grant of service connection for left upper extremity radiculopathy with an effective date of February 25, 2019, and a scar, status post cervical fusion with an effective date of December 28, 2016.

The Board has determined that the Veteran's symptoms of right hip, left hip, right lower extremity sciatica, and left lower extremity sciatica are part of her service-connected meralgia paresthetica (MP) disability. Therefore, these conditions cannot be separately service connected.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent effective July 22, 2016. The Veteran's left lower extremity sciatica remains rated at 20 percent. Both conditions are granted.

The Veteran's lumbosacral strain with degenerative changes and bilateral sciatic nerve condition are granted service connection. The hernia condition and cervical strain issues remain pending for further development.

The Veteran's appeal for a higher rating for his chronic lumbar strain and TDIU was denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for the lumbar strain, as it did not meet the criteria for such a rating based on limitation of motion or other factors. For the TDIU claim, the Veteran's combined disability rating had already reached 100% due to his service-connected disabilities, including cervical radiculopathy and left knee instability, which precluded him from securing and following substantially gainful employment.

The Veteran's claim for service connection for prostate cancer as secondary to prostatitis with prostate hypertrophy is dismissed.,New and material evidence has been received to reopen the claims of service connection for a neurologic disability, to include radiculopathy of the left upper extremity, as secondary to degenerative changes of the cervical spine.,New and material evidence has been received to reopen the claims of service connection for a neurologic disability, to include radiculopathy of the bilateral lower extremities as secondary to degenerative changes of the lumbar spine.,New and material evidence has been received to reopen the claim of service connection for hypertension.

The Veteran's lumbar spine disability and associated radiculopathy were denied ratings in excess of the current assigned ratings. A TDIU was granted, and SMC at the housebound rate was also granted.

The Board has granted the Veteran's claim for an effective date of July 21, 2003 for service connection of sciatic nerve damage resulting in phantom pain, right lower extremity. The decision is based on the Veteran's first contact with VA reflecting an intent to apply for benefits for this condition following a previous denial in June 1969.

The Veteran's claims for increased evaluations for right upper extremity radiculopathy were denied. For the period from June 1, 2010 to December 7, 2020, a rating in excess of 20 percent was denied. For the period from December 7, 2020 forward, a rating in excess of 40 percent was also denied.

The Veteran's appeal for increased ratings and TDIU has been dismissed as he withdrew his appeals in February 2021.

The Board has withdrawn the appeals for secondary service connection for left upper and lower extremity radiculopathy, as well as an initial rating greater than 10 percent for dermatitis of the hands, feet, elbows, and shins. The appeal for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is also withdrawn.

The Veteran's claims for higher ratings and service connection have been remanded due to the need to obtain additional medical records from Moody Air Force Base.

The Veteran's radiculopathy affecting both lower extremities is rated at 20 percent from April 29, 2014 to February 2, 2016 and at 40 percent thereafter. The Veteran's neuropathy of the left ulnar nerve is rated at 30 percent.

The Veteran's bilateral upper extremity radiculopathy is not secondary to a service-connected back disability and is not otherwise related to an in-service injury or disease.,From April 20, 2009 to December 9, 2011, the Veteran's left lower extremity radiculopathy involving the sciatic nerve was not productive of moderate incomplete paralysis.