Radiculopathy & sciatica Board decisions

The Board has determined that additional development is necessary for the Veteran's claims of increased ratings for his low back disability and radiculopathy, as well as his claim for a TDIU. The issues are being remanded to allow for further examination and consideration.

The Veteran's claims for increased ratings are remanded due to the need for additional examinations and compliance with VA examination requirements.

The Veteran's appeals for increased ratings for lumbar strain and left lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal in November 2020.

Your initial disability ratings for bilateral lower extremity radiculopathy have been granted. You are now eligible for a 20 percent rating for each affected leg since May 4, 2017.,Prior to May 4, 2017, your disabilities were rated at 10 percent.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's service-connected conditions prior to July 21, 2016. The VA examiner is requested to provide an updated opinion on the severity of these conditions and their impact on employment.

The Veteran's appeal has been dismissed as he withdrew his representation through his authorized representative.

The Veteran's claims for left knee instability/subluxation, lumbar spine arthritis with intervertebral disc syndrome prior to March 15, 2017, and right lower extremity sciatic radiculopathy from April 4, 2015 to March 13, 2017 were denied. The Veteran's claim for a higher rating for right lower extremity sciatic radiculopathy since March 14, 2017 is also denied.

The Board denied the Veteran's claims of service connection for low back disability and sciatic nerve disability, finding that there was no evidence to support these conditions as being related to his military service.

The Veteran's service-connected conditions prevent him from securing or following a substantially gainful occupation, warranting a TDIU rating.

Service connection for hypertension was denied.,The Veteran's left knee limitation of flexion and instability were not granted increased ratings, but a 10% rating was granted prior to February 24, 2015, and a 20% rating from February 24, 2015 through April 17, 2016.,The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome was granted a 40% rating prior to April 18, 2016 and denied for higher ratings thereafter. ,Service connection for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve were not granted increased ratings.,Service connection for ankylosing spondylosis and degenerative arthritis of the cervical spine was granted, but denied for higher ratings.

The Veteran's claims for increased ratings for cervical spine disability and RUE radiculopathy were denied. The Board found that the disabilities did not meet or approximate criteria for a higher rating.

The Veteran's service-connected intervertebral disc syndrome, thoracolumbar spine and bilateral lower extremity radiculopathy are currently rated at 20 percent each. The appeal for higher ratings is denied.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's left ear hearing loss is granted service connection due to in-service noise exposure. Service connection for cervical spine, left wrist, and lumbar spine disabilities are denied as there is no credible evidence of such injuries during service or within one year thereafter.

The Veteran's degenerative arthritis of the spine is rated at 20 percent effective September 30, 2014. His right lower extremity radiculopathy is also rated at 20 percent, but he does not have a higher rating for this condition.

The Veteran has withdrawn his appeals for the remaining issues, including service connection and rating claims related to sleep apnea, cervical spine disability, lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's depressive disorder is rated at 70 percent, but no higher. The Veteran's lumbar spine intervertebral disc syndrome is rated at 40 percent from January 30, 2020 and denied for prior to that date. The Veteran's left lower extremity radiculopathy is rated at 20 percent. The Veteran's patellofemoral syndrome of the left knee is denied.

The Veteran's loss of use of both feet is granted with a special monthly compensation (SMC) based on the loss of use of both legs. The issue of entitlement to an earlier effective date for a TDIU rating is dismissed as moot due to the grant of a 100 percent schedular rating. The case is remanded for further development regarding the Veteran's lumbar spine disability.

The Veteran's left lower extremity radiculopathy is rated at 20 percent from May 18, 2009. The Board has remanded the issues of entitlement to a disability rating in excess of 20 percent for degenerative disc disease and TDIU.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete or inaccurate factual premises in previous VA examination opinions. The Veteran will be provided with another VA examination to assess the nature and etiology of her diagnosed conditions.