Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claims for an initial disability rating for his lumbar spine disability and right-sided radiculopathy due to inadequate VA examinations, including a lack of discussion on flare-ups and functional loss.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including knee and spine conditions. The reasons are that new evidence indicates an increase in severity for all conditions, a peripheral nerve examination is needed, and VA examinations must include joint testing for pain on both active and passive motion.

The Veteran's low back disability is granted service connection. Service connection for radiculopathy of the left and right lower extremities is denied.

The Veteran's claim for PTSD has been reopened, and the Board grants a rating of 20 percent for ankylosing spondylitis with intervertebral disc syndrome. The claims for hypertension, diabetes mellitus, bilateral hearing loss, left knee disability, right knee disability, kidney stones, left hip disability, tinnitus, and neck disability are all remanded.

The Veteran's claim for increased ratings for his service-connected low back disability, left lower extremity radiculopathy, and left knee disability was denied. The Veteran also had a TDIU granted.,For the period prior to September 5, 2017, the Veteran’s intervertebral disc syndrome with degenerative arthritis did not meet criteria for an increased rating beyond 20 percent.

The Board has remanded two issues: increased ratings for lumbar spine degenerative disc disease and sciatica of the right lower extremity. The AOJ must review all evidence, including recent VA examinations, and issue a supplemental statement of the case.

The Board has remanded the Veteran's claims for increased ratings and service connection due to insufficient evidence or further development being necessary.

The Veteran's left lower extremity radiculopathy and gallstones with cholecystectomy as a residual of post-operative hiatal hernia are service connected. The rating for left foot hallux limitus is denied, but the right foot hallux limitus and low back disability require further examination to determine appropriate ratings.

The Board has granted service connection for depression as secondary to service-connected disabilities, and for bilateral lower extremity radiculopathy (claimed as bilateral leg numbness) as secondary to a service-connected low back disability. Service connection was denied for visual impairment and bilateral hand numbness (claimed as carpal tunnel syndrome).

The Veteran's claim for increased ratings for his lumbar spine and lower extremity disabilities was denied. A rating of 40 percent, but not greater, is granted for radiculopathy of the right lower extremity from December 3, 2012 to present. The claims for service connection for radiculopathy of the left lower extremity prior to December 3, 2012 and for radiculopathy of the right lower extremity from December 3, 2012 to present were denied.

The Veteran's claims for an automobile and adaptive equipment, as well as specially adapted housing or a special home adaptation grant, are being remanded due to the need for additional development including new VA examinations and consideration of newly uploaded treatment records.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since April 17, 2018. A TDIU rating is granted from that date.

The Veteran's chronic otitis media has been granted a rating of 10 percent. The Veteran’s deviated nasal septum, status post septoplasty, is already at the maximum rating. His ventral hernia is rated as noncompensable. The Veteran's left and right lower extremity sciatic nerve radiculopathy are each rated at 20 percent prior to September 22, 2009; 40 percent from June 22, 2017 onwards. His left lower extremity external cutaneous nerve radiculopathy is evaluated as 10 percent disabling. The Veteran's left ankle disability is rated at 20 percent prior to June 22, 2017; and his unspecified depressive disorder is rated at 50 percent prior to that date.

The Veteran's cervical spine disorder and bilateral hand numbness are granted as service connected.,Service connection for sleep apnea is denied.

The Veteran's radiculopathy of the right lower extremity is being remanded for a new VA examination to assess its severity and functional impairment.

The Veteran's low back disability and bilateral lower extremity radiculopathy are granted, as is a 70 percent rating for PTSD from March 17, 2017. The PTSD prior to that date is denied.

The Board has denied service connection for erectile dysfunction and remanded the issues of service connection for left and right lower extremity peripheral neuropathy, as well as an initial rating for low back disability in excess of 10 percent prior to November 1, 2016, and in excess of 20 percent on and after November 1, 2016.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and records.

The Board has granted an effective date of November 18, 2011 for the assignment of a 20% initial disability rating for left upper extremity radiculopathy. The Veteran's cervical spine and right knee patellofemoral syndrome increased ratings are remanded.

The Board has determined that additional VA medical records are needed and a new examination is required due to procedural errors and the need for updated evidence.