Radiculopathy & sciatica Board decisions

The Board has remanded two issues: service connection for a back disorder and right lower extremity sciatica, both secondary to the Veteran's in-service motor vehicle accident.

The Board has remanded the Veteran's claims for increased rating for lumbar myositis, service connection for bilateral lower extremity radiculopathy associated with lumbar myositis, and service connection for an acquired psychiatric disorder (major depressive disorder and generalized anxiety disorder) due to inadequate VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with the other claims.

The Veteran's major depression and anxiety are rated at 70 percent since September 20, 2017. The lumbar spine disorder is rated at 40 percent effective from September 20, 2017. The right lower radiculopathy remains in excess of 20 percent.

The Board denied an evaluation in excess of 20 percent for left upper extremity radiculopathy, finding that the Veteran's condition is currently manifested by no worse than moderate incomplete paralysis.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for hernias and hearing loss, as well as claims for peripheral neuropathy of the right arm with numbness, sleep apnea secondary to PTSD, and tinea versicolor. The issues are being remanded due to a lack of an SOC, need for additional development, and inextricably intertwined TDIU claim.

The Veteran's request for an extension of the temporary total disability rating beyond September 1, 2010 for his back disability is denied. The claim for a higher rating than 40 percent for lumbar strain (back disability) effective September 1, 2010 is also denied. A separate 10 percent rating for right lower extremity radiculopathy as a neurological manifestation of the service-connected back disability is granted starting from November 21, 2017.

The Board has decided to remand the Veteran's claims for tinnitus, L5-S1 degenerative disc disease with foraminal stenosis (claimed as back injury), and radiculopathy, right lower extremity. The decision will be reconsidered after obtaining updated VA treatment records and clarifying the due process issues.

The Veteran's service-connected low back disorder and associated radiculopathies have been granted a rating of 20 percent, effective from March 27, 2006, to October 8, 2008, for the former period. Since January 1, 2009, he has received a 20 percent rating for his low back disorder and a 10 percent rating for each of his lower extremity radiculopathies.

The Board has remanded the claims for service connection for right upper extremity nerve disorder and bilateral lower extremity radiculopathy due to insufficient opinions regarding the etiology of these conditions.

The Veteran withdrew his service connection claims for a left knee, low back, and sciatic nerve conditions during the May 2018 Board hearing.

The Board found that the Veteran filed a timely Notice of Disagreement (NOD) regarding seven service connection claims, and thus remanded these issues for further action.

The Veteran has withdrawn his appeals for service connection and disability ratings in multiple conditions, including right rotator cuff injury, hypertension, GERD, lumbosacral strain, radiculopathy of the left leg, radiculopathy of the right leg, and depression.

The Board has reopened the Veteran's claims and found new evidence sufficient to reopen them, but still denied service connection for left leg pain, right leg pain including as secondary to degenerative joint disease of the lumbar spine, and sciatica.

The Veteran's claims for increased ratings and unemployability due to his service-connected right shoulder disability, lumbar spine disability, and radiculopathies of the lower extremities are being remanded for additional development.

The Veteran's claims of entitlement to increased evaluations for service-connected left ankle sprain and lower extremity radiculopathy are remanded due to the need for additional development, including obtaining updated VA clinical records and a new examination.

The Veteran's right lower extremity radiculopathy has been rated at 10 percent since the beginning of his appeal. The Board found that the evidence did not support a higher rating as there was no indication of 'moderate' incomplete paralysis, which is required for a higher rating under the applicable diagnostic codes.

The Veteran's lumbar spine DDD with IVDS and associated right and left lower extremity radiculopathy were granted service connection effective August 15, 2014. A rating of 40 percent was assigned from August 15, 2014 to July 9, 2017 for the lumbar spine DDD with IVDS and separate ratings of 20 percent each were granted for right and left lower extremity radiculopathy effective August 15, 2014.

The Board has restored a 20 percent rating for sciatic nerve radiculopathy of the right lower extremity, effective December 22, 2016. The reduction from 20 percent to 10 percent was improper due to lack of improvement in the Veteran's condition under ordinary conditions of life and work.

The Board has remanded the Veteran's claims due to incomplete records and insufficient opinions regarding her lumbar spine, knee, skin condition, left sided sciatica, and right sided sciatica disabilities. The RO is instructed to obtain missing VA treatment records and request any service medical records from the Veteran. A new examination will be scheduled for the Veteran to determine the nature and etiology of these conditions.

The Board has granted an effective date of December 12, 2011 for the grant of service connection for left upper extremity radiculopathy. The claim for major depressive disorder was denied as there is no evidence of a prior claim before September 26, 2012.