Radiculopathy & sciatica decisions — 2017

The Board has remanded the Veteran's claims for additional development due to outdated examination records and outstanding medical evidence.

The Veteran's radiculopathy of the left and right lower extremities affecting the sciatic nerve is currently rated at 20 percent prior to September 16, 2014, and 40 percent after that date. The Board finds no basis for a higher rating.

The Veteran has withdrawn his appeals regarding increased ratings for various conditions, including obstructive sleep apnea, right ankle degenerative joint disease, lumbar spine degenerative changes, left lower extremity radiculopathy (sciatic branch), right shoulder degenerative joint disease, left shoulder degenerative joint disease, tinnitus, heart disorder, and other related conditions. The appeals are dismissed.

The Board denied the Veteran's claim for service connection for intervertebral disc syndrome and degenerative disc disease of the lumbar spine, finding that there was no in-service injury or chronic disability. The Board also found that new evidence did not raise a reasonable possibility of substantiating the peripheral neuropathy claim.,The Board denied the Veteran's request to reopen his claim for service connection for peripheral neuropathy as he failed to provide new and material evidence.

The Board has granted service connection for bilateral lumbar radiculopathy of the lower extremities, secondary to service-connected lumbar degenerative disk disease. The Veteran's bladder and gastrointestinal disabilities are also considered in light of their relationship to his service-connected back disability.

The Veteran's initial claim for higher ratings for cervical spine disability and left cervical radiculopathy was denied. The Veteran is not entitled to an increased rating for his service-connected conditions during the period of appeal.

The Board has determined that the Veteran's claimed conditions are not related to his active service, including as due to exposure to tactical herbicides.

The Board found that the Veteran's bilateral leg disability was not incurred in or aggravated by service and denied the claim. The gout of his lower extremities was also not caused or aggravated by his service-connected knee disability.

The Board denied the Veteran's claims for increased ratings for cervical radiculopathy of the left upper extremity, finding that there was no evidence of complete paralysis or other signs of severe incomplete paralysis. The Veteran is currently rated at 10 percent.

The Board has remanded the case for further development, including consideration of additional evidence and a discussion of the impact of newly service-connected disabilities on the Veteran's employability.

The Veteran's service-connected disabilities do not constitute an employment handicap as defined by VA regulations, and he is therefore not eligible for vocational rehabilitation benefits.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected thoracolumbar spine disability and radiculopathy are being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the issue of whether new and material evidence has been submitted to reopen the claim for service connection for arterial hypertension is moot due to its grant. The Veteran's bilateral hearing loss, radiculopathy of the left upper extremity, radiculopathy of the right upper extremity, PTSD, and allergic rhinitis have all been found to be related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining missing service treatment records and post-service medical records.

The Veteran's appeal is remanded due to the need for additional VA examinations and updated treatment records.

The Board has remanded the case for an appropriate VA examination and to determine if an extra-schedular evaluation is warranted under 38 C.F.R. § 4.16(b).

The Veteran's low back disability is rated at 20 percent since June 11, 2016. He also has a separate compensable rating for sciatica of the left lower extremity.

The Veteran's claim for service connection for a back disability is being remanded due to inconsistencies in the medical evidence and need for further examination.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation.