Radiculopathy & sciatica decisions — 2022

The Board has decided to remand the case due to an inadequate VA examination and the need for additional development of evidence, including obtaining updated VA treatment records and any private treatment records. The Veteran's left leg disability is being reviewed again as part of this process.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment, and he has been successfully employed as an insurance contractor since 2009.

The Board denied increased ratings for the Veteran's back condition and left lower extremity radiculopathy, but granted an earlier effective date of February 11, 2019 for a 10 percent rating for left lower extremity radiculopathy.

The Board denied higher ratings for the Veteran's low back disability, sciatic and femoral radiculopathy of the right lower extremity, and a compensable rating for a surgical scar on the back.

The Board denied a rating in excess of 20 percent for radiculopathy of the right and left lower extremities prior to August 27, 2021, as there was no evidence of moderately severe incomplete paralysis.

The Veteran's cervical spine disability, including IVDS and degenerative arthritis, is rated at 20 percent from August 1, 2014 to August 3, 2017.,Cervical radiculopathy of the left upper extremity was granted a separate 30 percent rating effective August 15, 2020. The right upper extremity received a separate 40 percent rating from that date.,Fibromyalgia is rated at its maximum schedular rating (30 percent) throughout the appeal period.

The Board has remanded the Veteran's claims for peripheral neuropathy of his lower extremities due to inadequate medical opinions and incomplete analysis.

The Veteran's appeal for a compensable rating for scar, status post L2-L3 decompression is dismissed. For the entire period on appeal, he was granted a 50 percent rating for migraine headaches. The remaining issues are remanded due to lack of recent VA examinations and potential TDIU claim.

The Board remands the claims for service connection for a neck disability and bilateral upper extremity radiculopathy to ensure that all relevant records are obtained and considered.

The Veteran's service-connected back disability and radiculopathy do not prevent him from securing and following substantially gainful employment. The Board denied his claim for a total disability rating based on individual unemployability (TDIU).

The Board has granted a total disability based on individual unemployability (TDIU) due to service-connected disabilities, finding that the Veteran's service-connected conditions have rendered him unable to secure or follow substantially gainful employment.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of use of both buttocks was denied as there is no evidence that the incident caused a permanent disability resulting from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.

The Board denied service connection for spinal disabilities, finding that there is no evidence linking the current conditions to service.

The Board has remanded the Veteran's claims for lumbosacral strain and degenerative joint disease of the lumbar spine, as well as his bilateral lower extremity radiculopathy. The remand requires additional development including obtaining VA treatment records, private treatment records, and an examination to assess the severity of the Veteran's spine disability and associated bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings and remand have been addressed. The case is now REMANDED to obtain additional medical opinions.

The Veteran's appeals for service connection and rating increases have been dismissed due to his request to withdraw the appeal as to the issues of fracture of the 7th and 8th ribs, and right ulnar fracture.

The Board denied increased ratings for the lumbar spine disability and right lower extremity radiculopathy, as well as a TDIU.

The Board has decided to remand four issues related to the Veteran's service-connected conditions: IVDS, bilateral leg radiculopathy, and left ear hearing loss. More contemporaneous examinations are needed for these issues.

The Veteran was granted a 40 percent rating for his low back disability prior to June 7, 2019, and separate 10 percent ratings for left and right lower extremity radiculopathy. A higher rating for the low back disability from June 7, 2019, and an increased rating for hypertension were denied.

This decision grants increased ratings for radiculopathy of the left and right lower extremities, but denies a higher rating for degenerative disc disease of the lumbar spine. The Veteran's radiculopathies are rated at 40 percent each.,The Board found that the Veteran's back disability does not meet or approximate the criteria for unfavorable ankylosis, thus denying a higher rating. However, it granted increased ratings based on the severity of his radiculopathy.