Radiculopathy & sciatica Board decisions

The Veteran's cervical spine disability, right shoulder/upper clavicular radiculopathy with RUE carpal tunnel syndrome, and LUE carpal tunnel syndrome are not rated higher than the currently assigned ratings. The Veteran’s OSA with residuals of sarcoid is also not rated higher.

The Board has granted earlier effective dates for service connection of degenerative arthritis of the spine and right lower extremity radiculopathy, femoral nerve. However, several issues remain unresolved and need to be remanded.,Service connection is being remanded for instability and swelling of the left ankle, instability and swelling of the right ankle, and bilateral shin splints.

The Veteran's PTSD is rated at 50 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's neck disability is rated at 20 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's right upper extremity radiculopathy is rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.,The Veteran's TBI residuals are rated at 40 percent since May 16, 2013. The Board finds the symptoms do not warrant a higher rating.

The Veteran's bilateral dry eye syndrome is rated as 20 percent disabling, left upper extremity radiculopathy as 20 percent disabling prior to July 8, 2020 and as 20 percent disabling from that date, and left thumb disability as 10 percent disabling prior to July 8, 2020 and as 20 percent disabling thereafter. The Veteran's claims for higher ratings are granted.

The Board denied service connection for a sleep disorder and found that the Veteran's insomnia was related to his already service-connected depressive disorder. The Board also denied an initial disability rating greater than 20 percent for cervical spine disability, as forward flexion of the cervical spine did not limit to 15 degrees or less during the claim period.,The Board denied entitlement to a separate compensable rating for left upper extremity neurological abnormality associated with cervical spine disability and found that right upper extremity radiculopathy was characterized as moderate incomplete paralysis on the dominant side.

The Board has remanded the Veteran's claims for service connection and evaluation of his low back disability, left hip radiculopathy, urinary frequency, and acquired psychiatric disorder due to inconsistencies in medical records and examination reports. The claims are being returned for further development.

The Veteran's goal of becoming a helicopter flight instructor is feasible, but further development is needed to determine if additional training or changes in career goals are necessary.

The Board has remanded the claims for service connection due to insufficient medical opinions addressing all segments of the thoracolumbar spine and whether any pre-existing conditions were aggravated by service.

The Veteran's appeal for a higher rating for his lumbar spine intervertebral disc syndrome was denied. He was granted a 20 percent rating prior to October 8, 2018, and a 40 percent rating on and after that date for left lower extremity sciatica.,A remand is ordered due to the Veteran's assertion regarding his unemployability.

The Board denied the Veteran's claim for service connection for right lower extremity radiculopathy as secondary to a lower back disability due to lack of current diagnosis and no indication of functional impairment.

The Board has granted the Veteran's claims for effective dates of October 31, 2003 for a 20 percent rating for his service-connected lumbar spine disability and right leg sciatic neuropathy. The earlier effective date is based on the fact that it is not factually ascertainable that an increase in severity occurred during the appeal period.

The Veteran's appeal for payment or reimbursement of unauthorized expenses incurred at Sanpete Valley Hospital is denied because the treatment was not for an emergency medical condition.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the lower extremities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or IVDS, as there was no ankylosis present.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining employment consistent with his occupational and vocational experience prior to June 13, 2020.

The Board has denied increased ratings for the Veteran's lumbar spine disability and associated radiculopathy, as well as his anxiety disorder. The case is REMANDED to obtain updated VA treatment records and an addendum opinion from a VA examiner.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lumbar spine disability and associated radiculopathy of the bilateral lower extremities due to outstanding VA treatment records and need for a new examination.

The Veteran's service-connected conditions, including his lumbar spine disorder and radiculopathy of the lower extremities, have rendered him unable to secure or maintain a substantially gainful occupation prior to September 1, 2015. As such, TDIU on an extraschedular basis is granted.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's cervical spine disability. The TDIU issue is also being remanded as part and parcel of the increased rating claim.

The Veteran's claim for service connection for PTSD was denied, and the initial rating of 10% for depressive disorder was also denied. The Veteran's persistent depressive disorder is now rated at 50%, effective May 12, 2017. Service connection for cervical spine, lumbar spine, bilateral lower extremity radiculopathies, left upper and lower extremity radiculopathies, and left ankle conditions were all denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including its onset and relationship to service.