Radiculopathy & sciatica Board decisions

The Veteran's radiculopathy of the right lower extremity is granted a 40 percent disability rating, effective November 1, 2015. The Veteran's lumbar spine DDD remains at 20 percent and her TDIU claim is granted.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy are rated at 20 percent each. The Board has determined that more contemporaneous VA examinations are needed to assess the current severity of these conditions, as well as whether they have worsened since his last examination in April 2017. Additionally, the TDIU claim is remanded for consideration under 38 C.F.R. § 4.16(b).

The Board has determined that the Veteran's service-connected disabilities do not render him unemployable, as he continues to operate his own bingo supply business and only missed one week of work in the past year. The evidence does not support a finding of marginal employment.

The Veteran's claims for higher ratings for osteoarthritis of the lumbar spine and left lower extremity radiculopathy have been remanded. Additionally, his claim for service connection for an acquired psychiatric disorder secondary to his service-connected conditions has also been remanded.

The Veteran's right upper extremity radiculopathy is rated at 50 percent from May 15, 2016 to November 21, 2017.

The Veteran's application to reopen his previously denied claim for service connection of ischemic heart disease was denied. The Board also remanded several issues related to lumbar myofascial syndrome and associated radiculopathy.

The Veteran's service-connected lumbar spine disability has been granted a 20 percent rating since December 18, 2018. He also received separate 10 percent ratings for bilateral lower extremity radiculopathy.

The Veteran's appeals for higher initial ratings for lumbar strain with DDD and HNP, LLE radiculopathy, and RLE radiculopathy were denied because he failed to appear for a VA examination scheduled in September 2019.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not prevent her from engaging in substantially gainful employment.

The Veteran's left hip disability was not incurred in or due to his time in service, and is denied.,PTSD does not meet the criteria for a rating in excess of 70 percent. The claim is denied.,Back disability did not meet the criteria for a rating in excess of 10 percent prior to March 5, 2019 or 20 percent thereafter from that date. The claim is denied.,Right lower extremity radiculopathy was not rated higher than 10 percent prior to March 5, 2019 and granted a rating of 20 percent thereafter. The claim is partially granted.,Left lower extremity radiculopathy was not rated higher than 10 percent prior to March 5, 2019 and granted a rating of 20 percent thereafter. The claim is partially granted.,GERD did not meet the criteria for a rating in excess of 10 percent. The claim is denied.,Left knee disability did not meet the criteria for a rating in excess of 10 percent. The claim is denied.

The Board denied the Veteran's claim for an earlier effective date of April 3, 2012 for service connection of right leg radiculopathy. The Board found that there was no evidence to support a factual ascertainable onset prior to 2012 and thus could not grant an earlier effective date.

The Veteran's appeal for a higher rating for sciatica, right lower extremity and service connection for a right shoulder disability was denied. The Board found that the evidence did not support a higher rating or service connection.

The Board has remanded the Veteran's claims for increased ratings for peripheral neuropathy of the bilateral lower extremities and his claim for a TDIU due to outstanding VA treatment records and an assessment of the aggregate effect of his service-connected disabilities on his functionality.

The Veteran's claims for effective dates prior to specific dates are being remanded due to the need for additional evidence.

The Board has remanded both claims of service connection for the Veteran's lower back disability and bilateral lower extremity radiculopathy, as these claims are inextricably intertwined due to the underlying low back disability. The remand requires additional medical opinion regarding the etiology of the Veteran’s lower back disability.

The Board has decided to remand the case for additional development and consideration of the Veteran's claims, including those related to his right hip, hearing loss, numbness in the left lower extremity, lumbar spine disability, sciatica, ankle laxity, insomnia, and blepharitis.

The Veteran's claim for a higher rating for right lower meralgia paresthetica was denied. However, the Board granted a separate 20 percent rating for moderate incomplete paralysis of the sciatic nerve from August 13, 2019.

The Board has remanded the Veteran's claims for further development due to a lack of VA examinations. The issues include initial ratings for various service-connected disabilities, including radiculopathy and chronic lumbar strain.

The Veteran's appeals for increased ratings for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed as the Veteran requested withdrawals of his appeals.

The Board has remanded the claims for service connection due to insufficient evidence and inadequate medical opinions. The AOJ is required to obtain relevant medical records from military hospitals in Germany, as well as VA treatment records. A new VA opinion is needed to address the Veteran's lay statements regarding post-service treatment and symptoms.