Radiculopathy & sciatica Board decisions

The Veteran's left leg radiculopathy is granted for a rating of 20 percent prior to April 3, 2014. However, the claim for a higher rating after that date is denied.

The Veteran's radiculopathy of the right lower extremity is being remanded for further evaluation due to inadequate examination during a flare-up.

The Board found that the reduction of the disability rating for radiculopathy of the left lower extremity from 10 percent to a noncompensable rating, effective September 14, 2016, was proper based on improvement in the condition.

The Board has remanded the Veteran's claims for a VA examination to assess the severity of his back disability and bilateral lower extremity radiculopathy, as he reported worsening symptoms since the last examination in May 2016.

The Veteran's hypertension had its onset in service and the Board has granted service connection for this condition. The issues of increased ratings for cervical spine disability, radiculopathy of the right and left lower extremities, and scars of the right and left shoulders are remanded.

The Board has remanded two issues: service connection for lower back strain and service connection for sciatica of the left lower extremity. The Veteran's representative did not file a VA Form 646, so all matters are remanded to the Agency of Original Jurisdiction (AOJ).

The Veteran's claim for service connection for sleep apnea is granted. The Board also remanded the issue of an evaluation in excess of 20 percent for radiculopathy of the right upper extremity.

The Veteran's claim for a 30 percent rating for left upper extremity radiculopathy is granted with an effective date of May 3, 2016.

The Veteran's claim for service connection for spinal stenosis and left sided L5-S1 hemilaminectomy and discectomy is denied as the evidence does not support a finding that his current condition began during active service or is otherwise related to an in-service injury or disease.,The Veteran's claim for service connection for neuritis of the sciatic nerve, radiculopathy of the left lower extremity (secondary to spinal stenosis and L5-S1 hemilaminectomy and discectomy) is denied as there is no evidence that his current condition is related to a service-connected disability.

The Veteran's appeal for higher ratings for his service-connected lumbar spinal stenosis and associated conditions is remanded due to the need for additional VA examinations.

The Board has remanded the claims for service connection for lumbar spine disability, radiculopathy of the left lower extremity, and meningitis due to a lack of sufficient rationale in the VA opinions provided. The Veteran is requested to provide any outstanding VA treatment records from specific dates and undergoes a VA examination to determine if his conditions are related to service.

The Board has reopened the Veteran's claims for service connection for a low back disorder and left leg radiculopathy due to new and material evidence. However, further development is needed as VA examinations are required to determine the nature and etiology of these conditions.

The Veteran's claim for a rating in excess of 60 percent for residuals of lumbar laminectomy prior to December 5, 2014 and from April 1, 2015 was denied. The Board found that the preponderance of evidence did not support a higher rating under the General Rating Formula. For TDIU claim, the Veteran's combined disability rating is at least 70 percent, meeting the threshold requirements for an award of TDIU. The Board granted TDIU based on the Veteran's service-connected disabilities significantly limiting his ability to secure or maintain substantially gainful employment.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as his combination of migraines, lumbosacral disc bulge, left lower extremity radiculopathy secondary to the lumbar spine, and depressive disorder makes him unable to secure or follow gainful employment.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's scoliosis is congenital or acquired, and if acquired, whether it was aggravated by service. The VA must obtain an expert opinion from a spine surgeon to address these issues.

The Veteran's service-connected degenerative joint disease of the lumbar spine and right lower extremity radiculopathy have been rated at 10% and 20%, respectively, for the entire appeal period. The appeals for higher ratings are denied.

The Board has remanded several issues related to the Veteran's peripheral neuritis and diabetes mellitus, including evaluations for different conditions and time periods. The AOJ is instructed to obtain additional medical records and provide an opportunity for a Supplemental Statement of the Case if necessary.

The Veteran's radiculopathy of the right lower extremity is rated at 40 percent from August 5, 2016. His hypertension remains noncompensable.

The Veteran withdrew his appeal regarding the issue of entitlement to an initial increased rating for right leg radiculopathy before a decision was made.

The Veteran's claim for an increased evaluation in excess of 20 percent for degenerative disc disease (DDD) of the thoracolumbar spine was denied.,The Veteran's claim for an increased evaluation in excess of 10 percent for left lower extremity radiculopathy prior to September 30, 2014, and in excess of 40 percent thereafter was also denied.