Radiculopathy & sciatica decisions — 2021

The Veteran's lumbar spine disability is currently rated at 20 percent, but the evidence does not support a higher rating due to lack of forward flexion of more than 30 degrees or favorable ankylosis.,The Veteran's left and right lower extremity radiculopathy are both currently rated at 20 percent.

The Board has denied the Veteran's claims for service connection and increased rating for various knee disabilities, lumbar spine disability, and sciatic radiculopathy of the lower extremities. The appeals are dismissed or denied.

The Veteran's radiculopathy of the left lower extremity is now rated at 40 percent, effective January 28, 2021. The right lower extremity continues to be rated as 20 percent disabling prior to December 30, 2019 and from January 28, 2021 onwards.

The Veteran's sensory deficits of the sciatic nerve in both lower extremities are currently rated as 20 percent disabling, which is the maximum rating available under VA regulations. The Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's left shoulder dislocation and degenerative arthritis of the lumbar spine (L5/S1) are also currently rated as 20 percent disabling, with no indication of any other service-connected conditions or exposure basis.

The Board dismissed the Veteran's appeal of service connection for right leg radiculopathy due to his withdrawal. The issue of service connection for PTSD is remanded.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, including thoracolumbar spine strain with sprain and spondylosis, left lower extremity sensory neuropathy of the sciatic nerve, PTSD, hypertension, right lower extremity radiculopathy, and left hand burn scar. The Board granted TDIU on both a schedular and an extraschedular basis.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since September 2, 2008.

The Board has determined that the Veteran's lumbar spine disorder, including arthritis, was not incurred or aggravated by service and is unrelated to any event in service. The claim for service connection is denied.

The Veteran's claim for an initial rating in excess of 20 percent for right lower extremity radiculopathy was denied. The appeal for a TDIU prior to February 13, 2014, is remanded.

The Board has denied the Veteran's claims for service connection for right lower extremity radiculopathy and a rating in excess of 10 percent for his left finger disability, finding no current diagnosis or evidence supporting these claims. The appeal is remanded for further development.

The Veteran's neck disability is rated at 60 percent effective April 11, 2012. The Veteran’s right and left lower extremity femoral nerve radiculopathy are each rated at 20 percent effective January 6, 2021. A TDIU has been granted.

The Veteran has withdrawn his appeal, leaving no issues for the Board to consider.

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 20 percent, and her radiculopathy of the right lower extremity is separately rated at 10 percent effective January 20, 2021. The Board denied an increased rating for the back disability.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, increased ratings for left and right lower extremity radiculopathy, due to insufficient evidence in the record. The issues have been returned to the AOJ for further development.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment, thus his claim for total disability rating based on individual unemployability is denied.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher.,The Veteran's left and right lower extremity radiculopathy are each rated at 40 percent, but no higher.

The Veteran's left lower extremity radiculopathy, associated with lumbar degenerative disc disease and fibromyositis, is rated at 20 percent since April 25, 2014.

The Veteran was granted effective dates of January 1, 2014 for various disabilities including bilateral plantar fasciitis with bilateral calcaneal enthesopathy, left and right ankle lateral collateral ligament sprain with arthritis, left elbow lateral and medial epicondylitis with arthritis, right elbow lateral and medial epicondylitis with arthritis, left knee osteoarthritis, right knee osteoarthritis, and right lower extremity radiculopathy.,The effective dates were granted based on the Veteran's original claim filed in July 2013.

The Veteran's claims for increased ratings and TDIU were denied. His service-connected lumbar spine disability was rated at 20% from June 30, 2014 onwards, with a separate rating of 20% for LLE radiculopathy since March 6, 2018. The Veteran's combined ratings did not meet the threshold for TDIU under VA regulations.

The Veteran's claims for service connection for right and left foot arthritis, as well as bilateral pes planus (flat feet/pes planus), were denied. The claim for increased ratings for bilateral pes planus prior to August 17, 2020, was also denied.,For the lumbar spine disability, an increased rating beyond 40 percent was not granted due to lack of evidence of unfavorable ankylosis.