Radiculopathy & sciatica decisions — 2021

The Veteran's initial and increased ratings for lumbar spine disability are denied, with separate ratings granted for right lower extremity radiculopathies.

The Board has remanded the cases due to failure to discuss material evidence and apply it to the appellant's claim, as well as for additional proceedings.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as her service-connected disabilities do not meet the schedular criteria and the preponderance of the evidence is against a finding that they are severe enough to prevent her from securing and following a substantially gainful occupation.

The Board has granted a 30 percent rating for C5-C6 disc bulge, effective from the date of the decision.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent prior to July 11, 2019 and at 40 percent thereafter. The radiculopathy of the right lower extremity is rated at 20 percent from February 12, 2019 onwards.

The Veteran's claim for an increased rating for left knee internal derangement is denied as his symptoms do not warrant a higher rating under any applicable diagnostic code.

The Board has remanded the claims for service connection for a low back disability and residuals of sciatic nerve paralysis, left side and right side due to outstanding medical records not being obtained.

The Board has remanded the claims for increased ratings for low back disability, right and left lower extremity radiculopathy, as well as the TDIU claim due to inadequate examination findings and inextricably intertwined issues.

The Veteran's left lower extremity radiculopathy is granted a separate 20 percent evaluation from March 5, 2018. Service connection for a dental condition for compensation purposes is denied.

The Veteran's service-connected lumbar spine strain and radiculopathy do not meet the criteria for a TDIU rating prior to February 4, 2017.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to total disability based on individual unemployability (TDIU).

The Veteran is unable to maintain substantially gainful employment as a result of his service-connected disabilities since June 18, 2013.

The Veteran's right lower extremity radiculopathy (recharacterized as sciatic nerve involvement) is currently rated at 20 percent, effective December 8, 2020.,The Board denied the claim for a TDIU due to the Veteran's current employment status.

The Board has determined that additional development is necessary before the claims for service connection can be adjudicated on the merits. This includes obtaining VA treatment records, scheduling a psychiatric examination, and scheduling an orthopedic examination.

The Veteran's claims for increased ratings of his service-connected lumbar degenerative disc disease, bilateral lower extremity radiculopathy, and chronic prostatitis are being remanded due to the need for additional development including obtaining medical records and providing retrospective opinions on functional loss during flare-ups.

The Board denied the Veteran's claims for service connection for cervical spine DDD and cervical radiculopathy of the right arm, both secondary to his service-connected left knee disability.,The evidence did not support a finding that the Veteran's current conditions were caused or aggravated by his active service.

The Board has granted service connection for lumbar radiculopathy of the bilateral lower extremities, bilateral foot drop, and sciatica of the bilateral lower extremities as secondary to her service-connected lumbar spine disability.

The Veteran's right upper extremity cervical radiculopathy has resulted in severe incomplete paralysis of the lower radicular group, warranting an initial 50 percent rating. The Board finds remand is required for completion of nerve conduction studies as specified by the Veteran.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied as his hearing impairment does not meet the criteria for a higher rating.,The Veteran's claim for a rating in excess of 40 percent for a lumbar spine disability is denied because there is no evidence of unfavorable ankylosis or incapacitating episodes meeting the required duration.,The Veteran's claims for ratings in excess of 20 percent for radiculopathy of the right and left lower extremities are denied as they do not meet the criteria for a higher rating based on functional loss due to pain, guarding, muscle spasms, or other factors.

The Board has decided to remand the case due to the need for additional medical records and an updated opinion considering all relevant evidence, including lay testimony.