Radiculopathy & sciatica decisions — 2022

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional VA treatment records and information regarding his employment status.

The Veteran's service-connected degenerative arthritis of the spine and intervertebral disc syndrome has at least as likely as not resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees since April 1, 2013.,The Veteran's left lower extremity radiculopathy is currently rated as 10 percent disabling and has not more nearly approximated a level of disability beyond mild incomplete paralysis at any point in the appeal period.

The Veteran's claims for increased ratings for chronic headaches, right and left upper extremity radiculopathies, and degenerative lumbar disc disease L4-L5 with thoracolumbar stenosis noted at L5-S1 are denied.,For the period prior to October 5, 2017, a rating in excess of 10 percent for chronic headaches is not warranted. The Veteran's reported history and medical evidence do not support an increased rating.,From October 5, 2017 onwards, ratings in excess of 30 percent for right upper extremity radiculopathy are not warranted due to the lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The Veteran's symptoms have been mild or moderate.,For the period prior to October 5, 2017, ratings in excess of 0 percent for left upper extremity radiculopathy are not warranted due to the lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The Veteran's symptoms have been mild or moderate.,For the period prior to October 5, 2017, ratings in excess of 20 percent for degenerative lumbar disc disease L4-L5 with thoracolumbar stenosis noted at L5-S1 are not warranted due to the lack of severe incomplete paralysis. The Veteran's symptoms have been mild or moderate.

The Veteran's radiculopathy of the right lower extremity is granted with a rating increase to 30 percent effective June 21, 2019. The Board has also remanded cases regarding service connection for sleep apnea and a compensable rating for bilateral pinguecula and dysfunctional tear syndrome.

The Veteran's radiculopathy of the right lower extremity was initially evaluated at 20 percent, but has been increased to 40 percent for the period beginning August 31, 2021.,For the period prior to March 4, 2019, the Veteran is not entitled to an evaluation in excess of 10 percent for his degenerative arthritis of the lumbar spine.,The Veteran's radiculopathy of the right lower extremity has been granted a 40 percent evaluation from March 4, 2019 to August 30, 2021 and is denied any higher rating thereafter.

The Veteran withdrew all his appeals, including those related to PTSD, MDD, sleep apnea, left shoulder strain, recurrent headaches, hypertension, DDD of the lumbar spine, cervical DDD, right upper extremity radiculopathy, left upper extremity radiculopathy, and a heart condition.

The Veteran's initial claim for lumbar sprain was denied, and a rating of 20 percent is awarded from April 3, 2019. The ratings for radiculopathy are also denied.

The Board has remanded the Veteran's claims for increased ratings for his neck disability and LUE due to insufficient evidence in the record.

The Board has granted the Veteran's petition to reopen his claims for service connection for degenerative disc disease of the lumbar spine and lower extremity radiculopathy, finding that new evidence supports these claims.

The Veteran's thoracolumbar spondylosis is granted a 40 percent rating as of April 14, 2021. The ratings for left and right lower extremity radiculopathies are denied.

The Veteran's radiculopathy of the bilateral upper extremities is granted as secondary to his service-connected bilateral shoulder disability. However, the cervical spine disorder is not found to be related to his service-connected bilateral shoulder disability and thus denied. The claim for a compensable initial rating for hypertension remains pending.

The Veteran's service-connected thoracolumbar spine spondylosis with IVDS and left lower extremity radiculopathy are rated at 40 percent, effective June 8, 2021.

The Veteran's anxiety disorder is granted service connection. The rating for bilateral hearing loss and the claims for a back disability and right lower extremity radiculopathy are remanded.

The Board has granted service connection for cervical strain. The Veteran's left and right shoulder disorders, as well as his left hip, knee, and lower extremity radiculopathy are not related to service.

The Veteran's appeal for restoration of a 60 percent rating for lumbosacral strain with intervertebral disc syndrome, and for increased ratings for right and left lower extremity radiculopathy is being remanded due to the need for issuance of a statement of the case.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not prevent him from securing and following substantially gainful employment.

The Board denied initial ratings higher than 20 percent for radiculopathy of the right and left lower extremities, finding that the evidence did not support a rating in excess of 20 percent due to moderate incomplete paralysis.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the Veteran's lumbar spine disability and addressing her range of motion and functional loss.

The Board has determined that the Veteran's left knee disability may be related to his service-connected right knee disability, and thus remands for a new VA examination to determine the nature and etiology of any currently present left knee disability. The Veteran is also remanded for additional examinations to assess the severity of his depressive disorder, back disability, radiculopathy (sciatic nerve), and right knee disabilities.

The Veteran's claims for higher evaluations of his service-connected right and left lower extremity sciatic radiculopathy are being remanded due to the need for additional medical examination.