Radiculopathy & sciatica Board decisions

The Board has decided that a new examination is needed to determine the nature and etiology of the Veteran's left lower extremity condition, which may be related to his service-connected lumbar spine disability.

The Board denied earlier effective dates for a 30% rating for right lower extremity radiculopathy, plantar fasciitis, and headaches. The Veteran did not have these conditions prior to November 21, 2016.

The Board has granted an earlier effective date of November 9, 2009 for the grant of TDIU due to the Veteran's service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected conditions do not meet the criteria for SMC based on aid and attendance or housebound status.

The Board dismissed all claims for increased ratings and service connection for various conditions, including right and left lower extremity radiculopathy, bilateral hearing loss, scars, lumbar strain with degenerative disc disease (DDD), degenerative joint disease (DJD) and spinal stenosis status-post lumbar discectomy, rhinitis and sinusitis, right knee disorder, left knee strain with degenerative arthritis, right ankle disorder, left ankle disorder, cervical disorder, right foot/toes disorder, left foot/toes disorder, left wrist disorder, right wrist disorder, right hand/fingers disorder, left hand/fingers disorder, left shoulder disorder, right shoulder disorder, right hip disorder, and left hip disorder.

The Board has remanded the cases for further development due to the need for a VA examination to assess the current severity of the Veteran's service-connected low back disability and bilateral radiculopathy of the lower extremities.

The Board found that the reduction of ratings for cervical spine IVDS with degenerative arthritis and right upper extremity radiculopathy from 20% to 10% and noncompensable, respectively, was proper due to improvement in the Veteran's disability. The claim for restoration of the original ratings is denied.

The Veteran's left and right lower extremity radiculopathy conditions are granted a 20 percent rating each, subject to the laws governing monetary benefits. The Veteran's claim for an increased rating of his right knee disability is denied.

The Board has remanded the case due to insufficient examination regarding whether the Veteran's service-connected disabilities aggravated his obesity, which is an intermediate step for determining service connection for obstructive sleep apnea.

The Veteran's initial ratings for lumbar spine disability and left lower extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating based on the severity of his conditions, as there was no evidence of unfavorable ankylosis or incapacitating episodes related to intervertebral disc syndrome.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has been employed in various positions that require similar education, training, and work experience.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not prevent him from securing and following a substantially gainful occupation.

The Board denied service connection for various conditions, including sciatica, back disability, right hip and knee disabilities, cold injury residuals, PTSD, chronic sinusitis, chronic fatigue syndrome, skin disorder of the feet, fibromyalgia, stroke with left-side balance impairment, headaches (migraines), degenerative bone disease, heart disability, muscle pain and soreness, and a left eye disability. The Board found no evidence to support these claims.

The Veteran's post-total right knee replacement is rated at 60 percent, his bilateral hearing loss and right knee surgical scar are not compensable, and he has a separate 10 percent rating for left knee instability. The Veteran also received a 20 percent rating for lumbar spine degenerative disc disease with radiculopathy.

The Board has granted separate 20 percent ratings for left and right lower extremity radiculopathy effective June 18, 2013.

The Veteran's lung disability, low back disability, upper back disability, left lower extremity radiculopathy (sciatica), right lower extremity radiculopathy (sciatica), left knee disability, right knee disability, left hip disability, right hip disability, right foot disability, left foot disability, sinus disability, memory loss, hypertension, colon polyps, prostate disability, stomach disability, skin disability (including skin cancer and actinic keratosis), throat disability, diabetes mellitus, type II, kidney cysts, and liver cyst are all denied. However, the Veteran's lung disability is granted as due to asbestos exposure.

The Veteran's claims for increased ratings for his lumbar spine disability and left leg radiculopathy are being remanded due to the need for additional development, including obtaining retrospective medical opinions regarding flare-ups and functional loss prior to March 2015, and clarifying the effective date and ratings assigned for radiculopathy of the left leg.

The Veteran's left shoulder impingement with left cervical radiculopathy and left-hand carpal tunnel syndrome is currently rated at 30 percent, but the Board finds that this rating is appropriate based on the current evidence.

The Veteran's claims for increased ratings for lumbar spine disability, right and left lumbar radiculopathy were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for PTSD (claimed as mental health condition) is denied an effective date prior to December 12, 2017.,The Veteran's claim for a disability rating in excess of 20 percent for Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a separate and compensable evaluation for bilateral cataracts associated with Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a disability rating in excess of 10 percent for diabetic peripheral neuropathy of the left lower extremity sciatic nerve associated with Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a disability rating in excess of 10 percent for diabetic peripheral neuropathy of the right lower extremity sciatic nerve associated with Type II Diabetes Mellitus with cataracts is denied.,The Veteran's claim for a compensable disability rating for radiculopathy of the right lower extremity femoral nerve is denied.,The Veteran's claim for a disability rating in excess of 10 percent for meralgia paresthica of the right thigh is denied.,The Veteran's claim for an initial compensable disability rating for bilateral hearing loss is denied.,The Veteran's claim for a disability rating in excess of 20 percent for degenerative joint disease bilateral sacroiliac joints with intervertebral disc syndrome (IVDS) and back spasms is denied.