Radiculopathy & sciatica decisions — 2018

The Veteran's right shoulder strain developed in service and is now granted as service-connected.,Service connection for hypertension was granted effective July 2, 2013. The claimant has not provided evidence of a prior claim before this date.,Service connection for tinnitus was granted effective December 1, 2014. The claimant has not provided evidence of a prior claim before this date.,Service connection for low back disability, right lower extremity radiculopathy and left lower extremity radiculopathy was granted effective September 2, 2008. The claimant has not provided evidence of a prior claim before this date.

The Veteran's claims for an effective date earlier than March 24, 2011 for sciatica of the left lower extremity and service connection for an acquired psychiatric disability (to include depression) were dismissed. The claim for a compensable rating for obstructive sleep apnea was granted from May 20, 2015 to July 4, 2016 with a 30 percent rating, and from July 5, 2016 with a 50 percent rating. The Veteran's claim for TDIU prior to May 20, 2015 was denied due to the presence of other service-connected disabilities that precluded him from obtaining or maintaining gainful employment. From May 20, 2015 onwards, his claim for TDIU was granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess the severity of his bilateral hearing loss and its functional effects. The issue of entitlement to TDIU has also been raised in this case.

The Board has determined that the Veteran's radiculopathy of the left upper extremity is secondary to his service-connected cervical disc disease.,However, the Board found no evidence supporting a finding that the degenerative joint disease of the right knee was caused by or aggravated by his service-connected left knee disability.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent effective May 11, 2017. His L5-S1 right lower extremity radiculopathy remains rated at 10 percent.

The Veteran is granted SMC at the maximum rate (SMC(r)(1)) due to service-connected disabilities, including loss of use of all extremities and need for regular aid and attendance.

The Veteran's back disability, characterized by pain and limited motion, has been rated at 20 percent since March 27, 2013. The current rating adequately reflects the severity of his condition based on limitation of motion.

The Board has remanded the claims for additional development due to an inadequate VA examination and issues being inextricably intertwined.

The Veteran's claim for service connection for peripheral neuropathy of the left lower extremity is denied. The low back disability has been rated at 20 percent, and the right lower extremity peripheral neuropathy has also been rated at 20 percent. The psychiatric disability has been rated at 50 percent. TDIU has been granted.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records.

The Veteran's claims for increased disability evaluations and reopening of service connection were denied. The Board found no new and material evidence to reopen the claim for a neurological disorder with headaches, seizures, and blackouts. The criteria for higher ratings for lumbosacral strain and left lower extremity radiculopathy were not met.

The Board has determined that a remand is necessary to obtain additional medical examinations for the Veteran's lumbar spine disability and left lower extremity radiculopathy, as well as to address the issues of rating in excess of 20 percent.

The Board has determined that the Veteran's current low back disability is related to his in-service low back symptoms, and therefore grants service connection for a low back disability. However, there is no evidence of left lower extremity radiculopathy at any time during the appeal period, so service connection for this condition is denied.

The Veteran's appeals for increased evaluations have been dismissed as the Veteran withdrew his appeals prior to the promulgation of decisions. The Board found that uniform evaluations are warranted for radiculopathy of the right lower extremity associated with both the sciatic and femoral nerves.

The Board has granted service connection for the Veteran's residuals of a low back injury, finding that there is at least equipoise evidence in favor of a link between his current diagnoses and his military service.

The Veteran's combined service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU.

The Board has determined that the Veteran's current low back disability, including degenerative joint disease and sciatica of the right leg, is not related to his active military service.

The Veteran's low back disability and radiculopathy of the lower extremities have been rated based on their current severity, with a 40% rating for his low back disability from January 1, 2007 to January 1, 2009. He is also entitled to TDIU prior to May 1, 2009.

The Veteran's service-connected right sciatica with hamstring spasms is now rated at the highest available rating of 80 percent effective May 19, 2017.