Radiculopathy & sciatica decisions — 2023

The Veteran's left and right lower extremity radiculopathy are granted at a 40% rating as of March 12, 2020. The effective dates for the grants of service connection for both conditions were set to March 12, 2020.

The Veteran's PTSD is rated at 50 percent, effective October 29, 2012. He seeks a higher initial rating.,For the period prior to May 9, 2019, the Veteran's degenerative disc disease of the lumbar spine was rated at 20 percent. For the entire period on appeal, he seeks an evaluation in excess of 20 percent for this condition.,The Veteran's right lower extremity radiculopathy is rated at 20 percent and his left lower extremity radiculopathy is rated at 20 percent prior to May 9, 2019. For the entire period on appeal, he seeks an evaluation in excess of 20 percent for both conditions.,The Veteran's degenerative disc disease of the lumbar spine was rated at 10 percent prior to May 9, 2019 and 20 percent thereafter. He seeks increased ratings for this condition.

The Board has remanded the cases for additional development due to gaps in treatment records and incomplete medical opinions.

The Veteran was granted a TDIU prior to July 6, 2020 due to his service-connected disabilities. From July 6, 2020, the claim for a TDIU is denied as he was incarcerated for a felony conviction.

The Board denied service connection for lumbar radiculopathy of the left lower extremity as it did not find a current diagnosis and insufficient evidence to support a claim.

The Board has denied the Veteran's claim for service connection for GERD, finding that there is no evidence of an in-service event or disease that caused his current condition.,The Board has remanded the issues of service connection for a back condition and radiculopathy of both lower extremities. The Veteran will need to provide additional medical evidence regarding these claims.

The Veteran's claim for service connection for gastroesophageal reflux disease is granted. The claim for a compensable rating for right ear hearing loss is denied, and the claim for entitlement to a compensable rating for dermatitis is remanded.

The Veteran withdrew her appeals for increased ratings and service connection, citing satisfaction with the current decisions.

The Veteran's claims for increased ratings for his low back disability and bilateral lower extremity radiculopathy were denied as the evidence did not support a higher rating under the applicable VA rating criteria.

Service connection for radiculopathy of the bilateral lower extremities is granted. The issue of a rating greater than 40 percent for a low back disability and TDIU are remanded.

The reduction in disability rating for status post compression fracture, lumbar spine was proper due to clear and unmistakable error (CUE) in the December 2013 rating decision.,The restoration of a 10 percent rating for right lower extremity radiculopathy is granted.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his lumbar spine disability, bilateral lower extremity radiculopathy disabilities, and total disability due to individual unemployability.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations related to his lumbar spine disability and right lower extremity radiculopathy.

The Veteran's claim for SMC based on the loss of use of one hand and one foot is granted. The appeal for increased ratings for various Dupuytren's contracture disabilities, cervical spine conditions, and right leg radiculopathy is dismissed as moot.

The Board has granted an earlier effective date of July 12, 2010 for the grant of a separate disability rating for left lower extremity radiculopathy. The Veteran is also entitled to a 10 percent disability rating from July 12, 2010 to November 4, 2011 for left lower extremity radiculopathy.

The Board has denied the Veteran's claims for service connection for a back disability and cervical radiculopathy (claimed as peripheral neuropathy of the hands), including as due to Agent Orange exposure, finding that there is no persuasive evidence linking these conditions to his military service.

The Veteran's right lower extremity sciatica is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's claim for a rating greater than 10 percent for left knee instability prior to June 21, 2021 was denied. Effective May 16, 2016, the Veteran is granted TDIU based on service-connected disabilities.

The Veteran's cervical spine disability is rated at 20 percent, and the claims for increased ratings are denied.,The Veteran's radiculopathy of the right upper extremity is rated at 20 percent, and the claim for an increase to a higher rating is denied.,The Veteran's radiculopathy of the left upper extremity is rated at 20 percent, and the claim for an increase to a higher rating is denied.

The Veteran's low back disability is rated at 40 percent effective January 30, 2014. The RO also granted increased ratings for right and left lower extremity radiculopathy associated with the low back disability.