Radiculopathy & sciatica decisions — 2021

The Board has decided to remand the cases for further examination and opinion regarding service connection for right upper extremity radiculopathy, an increased rating for cervical strain with osteoarthritis, and a TDIU. The Veteran's claims are being returned due to conflicting medical findings and need clarification on functional loss.

The Veteran's service-connected disabilities do not prevent him from securing or following any substantially gainful employment, as he has maintained a successful rental property business and works part-time as a consultant.

The Board dismissed the appeal for service connection of chronic fatigue. The Veteran's claim for an earlier effective date for a 30% rating for posttraumatic headaches was denied as there is no evidence showing entitlement to such prior to February 9, 2016. Service connection for sciatica of the right lower extremity on secondary basis to his service-connected lumbar spine disability was granted. However, service connection for sciatica of the left lower extremity was not granted due to lack of current diagnosis.

The Veteran's claim for an increased disability rating in excess of 40 percent for lumbar strain (lumbar disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent for neck strain with C4-5 discectomy and fusion (neck disability) is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent for right upper extremity radiculopathy is denied.

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

The Veteran's initial rating in excess of 10 percent for LLE radiculopathy prior to January 16, 2020 is denied. The claim for a higher initial rating thereafter remains pending and will be remanded.

The Veteran's claim for an effective date earlier than May 7, 2012 for a separate 10 percent rating for sciatic nerve radiculopathy of the left lower extremity is denied. The claims for increased ratings and service connection are remanded.

The Veteran's thoracolumbar spine strain was granted a 40% evaluation as of March 1, 2017. The initial evaluations for right lower extremity peripheral neuropathy and left lower extremity radiculopathy were also granted.

The claim for sleep apnea, including as secondary to PTSD, is denied. The claim for TDIU due to service-connected disabilities is also denied.

The Veteran's lumbar spine disability was denied for evaluations in excess of the assigned ratings from March 1, 2013 to February 19, 2020 and from February 19, 2020.,The Veteran's radiculopathy of the right lower extremity was granted a 20 percent evaluation from December 26, 2018 to February 19, 2020 and denied for evaluations in excess of the assigned rating from February 19, 2020.,The Veteran's radiculopathy of the left lower extremity was granted a 20 percent evaluation from December 26, 2018 to February 19, 2020 and denied for evaluations in excess of the assigned rating from February 19, 2020.

The Veteran's service-connected disabilities, including his back condition and urinary incontinence, rendered him unable to secure and follow substantially gainful employment beginning April 13, 2013. The Board granted a TDIU on an extraschedular basis.

The Veteran's back disability is rated at 40 percent, effective December 13, 2016. The rating for his right lower extremity radiculopathy remains at 40 percent.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's lower back disability, including whether it was aggravated by service.

The Veteran's claims for increased evaluations and effective dates were denied. The Board found that the evidence did not support higher ratings or earlier effective dates.

The Veteran's claims for increased ratings for radiculopathy of the left and right lower extremities were denied as there was no evidence showing severe impairment, such as foot drop or paralysis.

The Veteran's service-connected disabilities do not meet the criteria for increased evaluations or service connection. The Board denied service connection for hypertensive heart disease and denied all issues related to diabetic polyneuropathy of the sciatic nerve and femoral nerves, as well as service connection for erectile dysfunction.

The Board has granted service connection for lumbar spine disability, including degenerative disc disease (DDD), degenerative joint disease (DJD), spondylosis, and spina bifida. Service connection for left lower extremity (LLE) sciatica is also granted.

The Board has remanded the Veteran's claims for neck, back, and neurological disabilities in his upper and lower extremities, as well as his acquired psychiatric disorder and sleep apnea. The claims are also remanded to determine if erectile dysfunction is related to these conditions.

The Veteran's sciatic nerve disability of the right lower extremity was not caused by or aggravated by a May 12, 2009 cervical decompressive laminectomy at the C4 and C5 levels performed at the Ann Arbor VAMC.

The Board has remanded the claims for a lumbar spine disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to inadequate examination and failure to address the Veteran's contentions of in-service back pain.