Radiculopathy & sciatica decisions — 2016

The Veteran's appeal is being remanded due to his failure to attend scheduled VA examinations and the need for additional examination and opinion regarding his service-connected conditions, as well as a new VA examination to assess any current respiratory disability. The claims will be readjudicated after these actions.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues include service connection claims, a temporary total evaluation claim, and a reopening of a psychiatric disability claim.

The Board has granted service connection for the Veteran's lumbar spine disability, lower extremity radiculopathy, and respiratory disorder (COPD). The acquired psychiatric disorder claim is addressed in the REMAND portion of this decision.

The Board determined that the Veteran's cervical spine disorder, to include cervical radiculopathy, was not incurred in or aggravated by service and is unrelated to service. The claim for service connection has been denied.

The Veteran's claims for increased ratings for his lumbar spine degenerative disc and joint disease, as well as right lower extremity radiculopathy, were denied by the Board. The initial rating for the lumbar spine condition remains at 10 percent, while the rating for the radiculopathy is also at 10 percent prior to November 2, 2015, and 20 percent since that date.

The Veteran's appeal is being remanded due to the need for additional examinations and development of evidence related to his service-connected lumbar spine disabilities.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The appeal is being remanded for further evaluation of the Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy, as well as a VA examination to assess functional limitations caused by his disabilities. The TDIU claim will also be reconsidered.

The Veteran's maxillary/frontal sinusitis, cervical spine disability, and bilateral upper extremity radiculopathy are service-connected. The Veteran's right ear hearing loss is not service-connected, but his left ear hearing loss is service-connected.

The Veteran's left shoulder disability is currently rated as 20 percent disabling prior to September 10, 2015. From that date forward, the rating has been found not to meet the criteria for a higher evaluation.

The Board has denied the Veteran's claims for service connection for a low back disorder and bilateral lower extremity radiculopathy secondary to a low back disorder due to lack of evidence showing an in-service incurrence or diagnosis.

The Veteran's service-connected lumbar spine disability and peripheral neuropathy of the lower extremities have been rated appropriately based on their severity.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the combined effect of his service-connected disabilities on his employability and associating all outstanding VA treatment records with the claims file.

The Veteran's initial claim for a higher rating for his service-connected left lower extremity radiculopathy associated with the lumbar spine disability was granted and he is now receiving a 20 percent evaluation, effective from August 17, 2007.

The Veteran's cervical and lumbar spine conditions were found to have onset during active service, with the Board granting service connection for these disabilities.

The Board has determined that the Veteran's low back disability is not related to service and therefore denied his claim for service connection.

The Board has granted an initial 10 percent rating for the appellant's service-connected right lower extremity sciatica since January 14, 2009.

The Veteran's service-connected disabilities effectively result in the permanent loss of use of the bilateral lower extremities, which precludes locomotion without the aid of a cane, scooter, and/or wheelchair. The Board finds that he meets the criteria for specially adapted housing.

The Veteran's appeals for increased ratings and service connection were denied. The claim to reopen a disability manifested by fatigue (undiagnosed illness) was not supported by new and material evidence, while the claim to reopen a disability manifested by joint aches (undiagnosed illness) was supported by such evidence.

The Veteran's appeal is being remanded for a videoconference or travel board hearing at the Huntington, West Virginia RO.