Radiculopathy & sciatica decisions — 2022

The Veteran's service-connected disabilities, including degenerative disk disease of the lumbar spine and bilateral lower extremity radiculopathy, have not prevented him from securing or following a substantially gainful occupation prior to March 13, 2017.

The Veteran's claim for service connection for herpes simplex virus is denied as there is no persuasive evidence of an in-service onset.,Service connection for the Pfannenstiel incision (scar) associated with herpes simplex virus is also denied due to lack of a link between the scar and any service-connected disability or disease.,The Veteran's GERD is not rated higher than 10 percent as it does not meet criteria for more severe manifestations such as persistent epigastric distress, pyrosis, substernal pain, or arm/shoulder pain.,For thoracolumbar IVDS with arthritis prior to December 11, 2019, the Veteran's disability is rated at 10 percent due to limitations in range of motion and no additional functional loss during flare-ups.,From December 11, 2019 onwards, the Veteran's thoracolumbar IVDS with arthritis warrants a rating of 40 percent as it results in more severe limitation of motion than before.,Right hip arthritis is rated at 10 percent due to limited range of motion and ability to cross legs. Left hip arthritis is also rated at 10 percent for similar reasons.,Bilateral corneal dystrophy with dry eye syndrome does not warrant a compensable rating as it only results in visual acuity impairment up to 20/40 bilaterally.,Left lower extremity radiculopathy and sensorimotor neuropathy prior to December 11, 2019 is rated at 10 percent due to mild incomplete paralysis. From that date onwards, it warrants a rating of 20 percent for moderate incomplete paralysis.,The Veteran's claims for higher ratings are denied as the evidence does not support additional functional loss or impairment beyond what is already accounted for in her current disability ratings.

The Veteran's TDIU claim was denied as his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Veteran's increased rating claims for his back disability and lower extremity radiculopathies have been denied as the evidence does not show that he meets or nearly meets the criteria for a higher rating under VA regulations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, except for the period from September 12, 2017 to November 1, 2017. The Board has remanded several issues related to his knee and spine conditions.

The Board denied service connection for low back disorder, associated lumbar radiculopathy of the LEs, right elbow disorder, and lymphoma due to insufficient evidence linking these conditions to active service.,Service connection was not granted as there is no persuasive medical evidence showing a nexus between any current disabilities and active service.

The Veteran's lumbar spine disability was not found to meet the criteria for a higher rating, as his symptoms did not warrant an increase beyond the current 10% rating.

The Veteran's lumbar spine disorder, right and left lower extremity sciatic nerve radiculopathy, and right and left lower extremity femoral nerve radiculopathy have been granted increased ratings of 40 percent each.

The Board has remanded the claims for service connection and TDIU due to insufficient examination regarding the etiology of the Veteran's right lower extremity radiculopathy.

The Veteran's claims for service connection for tinnitus, a right-hand disability (dominant), degenerative disc disease with right lower radiculopathy (claimed as low back condition), degenerative joint disease of the right knee, and degenerative joint disease of the left knee have been remanded due to new evidence submitted since previous decisions.,The Veteran's claims for service connection for a right-hand disability (dominant) and degenerative joint disease of the right knee were also remanded.

The Veteran's right ankle disability is secondary to his service-connected bilateral pes planus with plantar fasciitis and heel spurs. The Board has remanded the issue of service connection for a right ankle disability.

The Board denied service connection for a lumbar spine disability and left leg radiculopathy, finding that the Veteran's current conditions were not caused or aggravated by his service-connected left knee disability.

The Board dismissed all service connection claims and rating determinations for various conditions, including irritable bowel syndrome, insomnia, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, left lower extremity radiculopathy, gastritis with gastroesophageal reflux disease (GERD), bilateral hearing loss, and obstructive sleep apnea. The Board also remanded claims for sinusitis, an autoimmune condition (claimed as fibromyalgia), a respiratory disability, and OSA.

The Veteran's thoracolumbar IVDS with DDD and associated left lower extremity radiculopathy have been granted initial disability ratings of 40 percent from November 4, 2019, and a separate 20 percent rating for the left lower extremity radiculopathy since July 1, 2016.,The Veteran's thoracolumbar IVDS with DDD manifested by forward flexion limited to 30 degrees from November 4, 2019.

The Board dismissed the Veteran's appeals for hypertension and sleep apnea. The claim of service connection for tinnitus was granted, with a rating of 20 percent effective December 12, 2011. The issue of an initial rating greater than 20 percent for degenerative disc disease, lumbar spine, remains pending.

The Veteran's service-connected disabilities combine to an 80 percent evaluation, but he does not have an employment handicap for VA vocational rehabilitation purposes and is therefore denied VR&E benefits.

The Board has dismissed the appeals for right lower extremity radiculopathy, left lower extremity radiculopathy, and gastritis as they are not currently under consideration due to the appellant's death.

The Board has granted service connection for left lower extremity radiculopathy, finding that the Veteran's symptoms are caused by his service-connected low back disability.

The Board has remanded the cases for further development due to possible worsening of the Veteran's spine disability and right lower extremity radiculopathy since her last VA examinations. The TDIU claim is also pending as it is inextricably intertwined with the other claims.

The Veteran's representative withdrew the appeals for increased ratings in multiple conditions, including obstructive sleep apnea, major depressive disorder, right rotator cuff tendinopathy, lumbosacral strain, left lower extremity radiculopathy, hypertension, and post-operative ventral hernia. The Board has no further jurisdiction to consider these matters.