Radiculopathy & sciatica Board decisions

The Veteran's radiculopathy of the right lower extremity (sciatic nerve) is granted a higher rating, and his degenerative disease (arthritis) of the lumbar spine is granted an increased initial rating. The Veteran's cervical spine disability, OSA, and memory loss are denied.

The Board has remanded the Veteran's claims for increased ratings due to insufficient reasons and bases provided in previous decisions. The case is returned for further development.

The Veteran's claim for an earlier effective date for service connection of radiculopathy of the left lower extremity is denied. The claim for a higher initial rating for his lumbar spine disability is granted with a 10% rating.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including mental health conditions, back pain, and nerve damage in his legs. The AOJ is instructed to consider all evidence received since the last Supplemental Statement of the Case.

The Veteran was granted a 20 percent rating for thoracic spine disability from September 8, 2010 to March 10, 2019.,A separate 20 percent rating was granted for sciatic radiculopathy of the right lower extremity and left lower extremity from March 11, 2019 to February 18, 2020.

The Veteran's claims for service connection and increased ratings are denied as a matter of law due to failure to report for VA examinations.,An effective date earlier than February 28, 2001, for the low back disability is also denied.

The Veteran's left lower extremity radiculopathy has been rated at 10 percent prior to February 18, 2020 and at 20 percent thereafter. The Board denied an increased rating above these levels.

The Veteran's claims for increased evaluations of his thoracolumbar-spine disorder, right-lower-extremity radiculopathy, and left-lower-extremity radiculopathy have been denied. The Veteran also had a claim for TDIU which was denied.

The Veteran's bilateral hearing loss is rated as noncompensable, and no higher rating is warranted.,For the period from February 10, 2016 through October 10, 2017, the Veteran was granted a 40 percent rating for degenerative arthritis of the lumbar spine. Since then, his disability has not warranted an increased rating.

The Veteran's right lower extremity sciatic nerve radiculopathy was granted a 40 percent evaluation from January 16, 2020.,A separate 20 percent evaluation for right lower extremity femoral nerve radiculopathy was granted from September 1, 2017 to January 15, 2020. The Veteran's claim for a higher rating for this condition remains pending.

The Veteran's right shoulder disability is not service-connected as it did not manifest within one year of separation from active duty and there is no evidence linking the condition to his military service.,LLE radiculopathy is secondary to lumbar IVDS, warranting service connection.

The Veteran's service connection claim for an acquired psychiatric disorder other than specific phobia was denied. The reduction from a 100 percent to a 20 percent rating for his left shoulder disability, status post arthroscopic surgery, effective February 1, 2016, was upheld. His claims for higher ratings for the left shoulder and lumbar spine degenerative arthritis were denied. His claim for right lower extremity radiculopathy was also denied. The Veteran's specific phobia, bilateral hearing loss, cholecystectomy residuals, cholecystectomy scars, and right knee scars all received initial compensable ratings. Finally, his TDIU claim was denied.

The Veteran's appeals for service connection for a stomach ulcer and sciatica have been dismissed as the Veteran withdrew his appeal before the Board could make a decision.

The Board has remanded the Veteran's claims for service connection for a pulmonary disability, entitlement to a higher rating for radiculopathy of the right lower extremity, and earlier effective date for radiculopathy. The AOJ is instructed to obtain additional medical opinions regarding the etiology of the Veteran's claimed pulmonary disability and readjudicate all issues.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and additional development is required.

The Board denied the Veteran's claims for service connection for hypertension and a total disability rating based on individual unemployability (TDIU) due to lack of evidence linking his current disabilities to military service, including herbicide agent exposure. The Veteran was found not to meet the criteria for TDIU as he had multiple service-connected disabilities rated at 90% combined.

The Veteran was granted an initial disability rating of 40 percent for right and left lower extremity peripheral neuropathy (sciatic nerve) effective September 2, 2002.,From May 1, 2004 to May 27, 2004, the Veteran was granted a TDIU due to his service-connected disabilities.

The Veteran's service-connected disabilities, including right shoulder rotator cuff reconstruction, recurrent enteritis, and radiculopathy of the lower extremities, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Veteran's PTSD is rated at 10%, and his degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy are each rated at 10%. The Veteran's claims for increased ratings have been granted.

The Veteran's claim for an increased rating in excess of 30 percent for left upper extremity radiculopathy associated with cervical stenosis, status post-anterior cervical discectomy with fusion and degenerative arthritis was denied by the Board. The evidence did not show severe incomplete paralysis or complete paralysis.