Radiculopathy & sciatica decisions — 2021

The Veteran's cervical spine and lumbar spine disabilities are found to be related to service, specifically the helicopter crash in February 1967. Service connection is granted for these conditions.,Service connection is also granted for bilateral upper extremity radiculopathy (numbness in hands and arms) and right lower extremity radiculopathy (numbness in the right leg), both found to be secondary to service-connected cervical spine and lumbar spine disabilities.

The Board has remanded the claims for additional development and readjudication due to incomplete fulfillment of the August 2018 remand directives.

The Veteran's claims for increased ratings and TDIU have been remanded due to inadequate examination reports. The VA is instructed to schedule the Veteran for a new examination to assess his lumbar spine disability, right lower extremity radiculopathy, and their impact on employment.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent prior to November 18, 2016 and left lower extremity radiculopathy is currently rated at 20 percent. The Board has remanded the case for further development regarding the lumbar spine disability.,The Veteran's right and left lower extremity radiculopathies are currently rated based on their severity under Diagnostic Code 8520, which rates incomplete paralysis of the sciatic nerve.

The Veteran's appeals for increased ratings for his service-connected lumbar spine spondylosis and left lower extremity radiculopathy of the sciatic nerve have been dismissed as he has withdrawn his appeal.

The Veteran's depressive disorder is granted as secondary to service-connected disabilities. The carpal tunnel syndrome of the left upper extremity, including secondary to residuals of surgery for De Quervain’s Syndrome of the right upper extremity, is denied. The ratings for radiculopathy of both lower extremities are denied. A TDIU prior to September 20, 2019, is granted.

A 30 percent rating for cervical spine strain with degenerative disc disease (DDD) from May 18, 2018 is granted.,A 20 percent rating for right upper extremity radiculopathy prior to November 8, 2019 and a 30 percent rating thereafter is granted.,A rating higher than 40 percent for skin sores from August 13, 2018 is denied.

The Board denied entitlement to increased ratings for radiculopathy of the upper and lower extremities, finding that the evidence did not support a rating in excess of 20 percent for either condition.

The Veteran's claim for service connection for the residuals of corneal ulcer with infiltrate, left eye has been reopened. The appeal is remanded for further evaluation and rating of his other service-connected disabilities.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran is entitled to TDIU from June 5, 2018, to October 1, 2018, due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's cervical spine disability, right upper extremity radiculopathy, left lower extremity radiculopathy, and right lower extremity radiculopathy are all rated at the lowest possible level (20%) due to lack of evidence showing more than mild impairment. The scars from her cervical fusion surgery are also rated at 20%.

The Veteran's service-connected intervertebral disc syndrome, left and right lower extremity radiculopathy have been granted a rating of 40 percent effective December 22, 2011. The claim for TDIU has been denied.

The Veteran received a 20% rating for his low back disability from July 10, 2006. The higher ratings are denied prior to July 1, 2020 and after that date.,A 20% rating is granted for left lower extremity radiculopathy effective from July 1, 2020.

A 20 percent rating for service-connected left lower extremity radiculopathy is granted from June 6, 2013 to December 12, 2014.,A rating in excess of 20 percent for service-connected left lower extremity radiculopathy is denied.

The Veteran's lumbar spine condition is rated at 40 percent since March 21, 2014. Ratings in excess of 20 percent for right and left lower extremity radiculopathy are denied.

The Veteran's appeal for a higher rating for right upper extremity radiculopathy has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has remanded the Veteran's claims for earlier effective dates and ratings for her bilateral lower extremity radiculopathy, as well as her TDIU claim due to worsening of her service-connected disabilities. The RO is instructed to address the CUE in the original rating decisions and provide a statement of the case on these issues.

The Veteran's lumbar strain disability is granted at a 20 percent evaluation from September 23, 2010 to February 27, 2020 and denied for evaluations in excess of that. The right lower extremity radiculopathy and left lower extremity radiculopathy are both denied initial evaluations in excess of 10 percent. The Veteran's limitation of flexion of the left knee is restored from a noncompensable to a 10 percent evaluation, but his limitation of extension of the left leg remains denied. The instability of the left knee is granted at a 20 percent evaluation beginning April 3, 2018.

The Board has denied service connection for a lumbar spine disability and sciatica of the bilateral lower extremities as secondary to a service-connected disability due to lack of evidence linking these conditions to active service.