Radiculopathy & sciatica Board decisions

The Veteran's degenerative disc disease of the lumbar spine status post surgery is rated at 40 percent effective November 22, 2010. The Veteran also received ratings for his sinus headaches and residual lumbar scar.

The Veteran's DDD of the lumbar spine and related radiculopathies have been granted increased ratings, with some conditions receiving separate ratings.

The Board has granted an earlier effective date of January 29, 2011 for the award of a total disability rating based upon individual unemployability (TDIU). The Veteran's lumbar spine disability and radiculopathy precluded him from securing or following a substantially gainful occupation prior to this date.

The Veteran's right knee DJD and meniscus injury, fibromyalgia, right ankle strain, lumbar spine osteoarthritis with bilateral lower extremity radiculopathy, and cervical spine DDD with right and left upper extremity radiculopathy have been granted ratings from specific dates. The Veteran is also receiving separate compensable ratings for instability and scars related to the right knee.

The Board has decided to remand the case due to inadequate examination and failure of the Veteran to provide authorization for private medical records.

The Board has granted the Veteran's claims for service connection for radiculopathy of the left and right lower extremities, finding that these conditions are caused by his service-connected back disability.

The Board denied the Veteran's claims for increased rating for right lower extremity radiculopathy and TDIU, finding that his disability picture did not warrant a higher rating under applicable diagnostic codes or meet the schedular requirements for TDIU.

The Board denied the Veteran's claims for service connection for cervical spine disorder, emphysema, radiculopathy of the left and right upper extremities, internal hemorrhoids, hiatal hernia with gastroesophageal reflux symptoms, and major depressive disorder. The Veteran was granted a 70 percent rating for major depressive disorder from February 20, 2015.

The Veteran's radiculopathy of the bilateral lower extremities, low back disability, and major depressive disorder have been granted service connection. The initial rating for his low back disability has been increased to 40 percent effective April 24, 2018, and he is now rated at 70 percent for his major depressive disorder. He also received a TDIU based on both disabilities.

The Board has remanded the claims for service connection due to lack of evidence supporting the Veteran's account of exposure to hazardous fumes in a tank aboard ship, which allegedly caused his current disabilities.

The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, effective March 16, 2016.

The Veteran's service-connected disabilities are not of such a nature and severity as to prevent him from securing or following substantially gainful employment.

The Board denied service connection for a low back disorder with radiculopathy and erectile dysfunction, finding that the Veteran did not have a chronic condition within one year of separation from service or continuity of symptomatology since separation. The Board also found no in-service incurrence linked by medical nexus to current diagnoses.

The Board has remanded the case to refer the Veteran's claims for an extraschedular evaluation to the Director of Compensation Service due to evidence suggesting that his disabilities combined to cause chronic pain, sleep disturbances, falling, and absences from work.

The Veteran's claim for service connection of bilateral shoulders is denied. The claims for initial ratings of 20% for radiculopathy of the left and right lower extremities are granted, effective from August 6, 2013.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's service-connected disabilities result in functional equivalent loss of use of his feet, which may qualify him for automobile and adaptive equipment or adaptive equipment only benefits.

The Veteran's claims for service connection for a back condition, bilateral radiculopathy (secondary to the back condition), bilateral hip condition (secondary to the back condition), and bilateral leg condition (secondary to the back condition) have been granted.

The Board denied service connection for various conditions, including chronic back disability, osteoarthritis of the knees bilaterally, anxiety disorder, hypertension, lumbar radiculopathy, and cholelithiasis. The Board found that there was no evidence linking these conditions to service.

The Veteran's appeals for increased ratings and TDIU were denied. The left thumb disability was rated at 10%, the cervical spine disability at 20% from October 27, 2010 to July 26, 2015, and at 30% since July 27, 2015; the lumbar spine disability at 40%; the bilateral knee disability at 10%; and TDIU was denied from October 27, 2010 to June 30, 2011. The effective date for the 30% rating for cervical spine disability remains July 27, 2015.

The Veteran's claim for a higher rating for his service-connected thoracolumbar strain with spondylosis is denied. The issues of initial ratings higher than 20 percent and 10 percent for the right lower extremity radiculopathy and left lower extremity radiculopathy are remanded.