Radiculopathy VA Claim Grants

Findings of Fact (verbatim from decision)

Headaches are due to service-connected lumbar strain.

Findings of Fact (verbatim from decision)

The probative evidence of record supports a finding that the Veteran's functional urinary incontinence was causally related to his service-connected back condition and bilateral lower extremity radiculopathy.

Findings of Fact (verbatim from decision)

1. The Veteran's sleep disorder, diagnosed as insomnia and unspecified sleep disorder, is related to active service. 2. The Veteran is in receipt of a 100 percent combined disability rating and has been categorized as dental category - Class IV, which authorizes him to receive any needed dental treatment from VA; his claim for dental treatment is rendered moot because there is no justiciable case or controversy for active consideration by the Board. 3.…

Reasons & Bases (verbatim excerpts from decision)

Increased Evaluation for Bilateral Upper Extremity Radiculopathy […] After reviewing the evidence of record, the Board finds that separate 20 percent evaluations, but no higher, are warranted for the Veteran's right and left upper extremity radiculopathy for the entire period on appeal prior to June 17, 2021. In the present case, service treatment records note ongoing neurological symptoms, including paresthesia prior to discharge, which were assessed as cervical radiculopathy. See e.g., December 21, 2010 service treatment record (noting "there is likely an element of cervical radiculopathies"). Moreover, the September 2011 examination report noted the Veteran had upper extremity pain, tingling, and cold sensation, which were believed to be "radiculopathy secondary to cervical pathology" during service and that he continued to have intermittent radiculopathies at present. It was noted that his symptoms were subjective in nature as testing revealed "no motor or sensory loss in either upper appendage." The examiner confirmed a diagnosis of cervical spine degenerative disc disease with "bilateral radiculopathies." Thus, the Board finds that 20 percent evaluations are warranted for the presence of right and left upper extremity radiculopathy with subjective sensory symptoms of pain and parasthesia.

Findings of Fact (verbatim from decision)

1. The Veteran's right foot disability more closely approximates a severe foot injury, without actual loss of use of the foot. 2. The Veteran's lumbar spine disability results in forward flexion of 30 degrees or less; unfavorable ankylosis of the thoracolumbar spine is not shown or more closely approximated. 3. The Veteran's left lower extremity radiculopathy results in moderate incomplete paralysis of the femoral nerve; severe incomplete paralysis is not shown. 4. The Veteran's right lower extremity radiculopathy results in moderate incomplete paralysis of the femoral nerve; severe incomplete paralysis is not shown. 5.…

Reasons & Bases (verbatim excerpts from decision)

Associated objective neurologic abnormalities, including radiculopathy, are to be evaluated separately under an appropriate diagnostic code. R. 71a, General Rating Formula, Note (1). […] In light of the foregoing evidence, and after resolving all reasonable doubt in the Veteran's favor, the Board finds that the Veteran is entitled to separate 20 percent ratings for moderate incomplete paralysis of the femoral nerve for each lower extremity. In this regard, the evidence is at least in approximate balance that the Veteran's disability rises to a level of disability of "moderate" based on his subjective symptoms of radiating pain, numbness, and tingling down his back and lower extremities, moderate intermittent pain, reduced muscle strength, and the February 2019 examiner's finding of a moderate level of disability. As there is no evidence of more severe symptomatology, such as sensory issues or diminished or hyperactive reflexes, trophic changes, or evidence of symptoms that are more than wholly sensory, the next higher rating of 30 percent, based on severe incomplete paralysis of the femoral nerve, is not warranted. Although the Veteran is noted to have muscle atrophy of the right calf due to radiculopathy, the Board can only assign one rating based on this finding, which it has done below, to avoid impermissible pyramiding. R. 14; Esteban v. Brown, 6 Vet. App. 259 (1994).

Findings of Fact (verbatim from decision)

1. Resolving all reasonable doubt in the Veteran's favor, the symptoms of his lumbar spine disability, which encompasses his bilateral lower extremity radiculopathy, on its own, has rendered the Veteran unable to secure or maintain substantially gainful employment as of January 1, 2017. 2. Effective January 1, 2017, the Veteran is in receipt of a TDIU due to his lumbar spine disability alone and has additional service-connected disabilities evaluated as 60 percent disabling or more.

Reasons & Bases (verbatim excerpts from decision)

The issue before the Board now is whether entitlement to a TDIU is moot by way of the Veteran's 100 percent rating, or whether a TDIU can be established due to a single service-connected disability, allowing for the added benefit of SMC. After resolving all reasonable doubt in the Veteran's favor, the Board finds that a TDIU is warranted based on the lumbar spine disability, to include bilateral lower extremity radiculopathy, which together result from a common etiology. […] Upon review of the foregoing lay and medical evidence, the Board finds that the evidence is in equipoise as to whether the Veteran is incapable of maintaining substantially gainful employment solely as a result of his lumbar spine disability with associated radiculopathy. The Board finds ample evidence to support the Veteran's assertion that he experienced severe pain in his lumbar region, and that such pain created a situation in which it was too difficult to continue working, even in an office environment. VA providers and examiners have corroborated his statements that he would be unable to sit or stand for any prolonged periods of time. The Board does not doubt that the rest and breaks the Veteran would need to take to alleviate his back pain would be significantly disruptive.