Radiculopathy & sciatica decisions — 2018

The Board has remanded the claims for increased ratings for lumbar and thoracic spondylosis and DDD, left lower extremity radiculopathy, and right lower extremity radiculopathy due to inadequate VA examinations.

The Board has denied the Veteran's claims for increased ratings for radiculopathy in both lower extremities as his symptoms do not meet or approximate the criteria for a rating higher than 20 percent.

The Veteran's low back disability is rated at 40 percent, effective September 26, 2003.,The Veteran's right lower extremity radiculopathy is rated at 40 percent, effective September 26, 2003.,The Veteran's left lower extremity radiculopathy is rated at 40 percent, effective September 26, 2003.,The Veteran's right knee disability is not entitled to a higher initial rating than 10 percent.,The Veteran's left knee disability is not entitled to a higher initial rating than 10 percent.,The Veteran's bilateral plantar fasciitis with calcaneal spurs is rated at 50 percent, effective September 26, 2003.

The Veteran's appeals for service connection for various conditions have been dismissed. The appeal for an initial compensable evaluation for headaches prior to July 17, 2017, is remanded.

The Veteran's claim for a higher initial rating for radiculopathy of the right upper extremity is being remanded due to its inextricable link with his cervical spine disability. The medical records developed during the processing of his cervical spine disability may also impact this claim.

The Veteran's appeals regarding heart disability, prostate disability, radiculopathy of the bilateral lower extremities, retinopathy, cervical spine disability, diabetic nephropathy, and an acquired psychiatric disability have been dismissed due to withdrawal by the Veteran.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity due to failure to report to a scheduled VA examination.

The Board has determined that additional evidentiary development is necessary to determine if the Veteran was exposed to herbicides during his service and whether he developed CISP as a result of such exposure. The case will be remanded for further action.

The Veteran's service-connected disabilities, which affect a single body system or arise from a common etiology, have rendered him unable to secure or follow a substantially gainful occupation for the entirety of the appeal period. As such, entitlement to a total disability rating based on individual unemployability (TDIU) is granted.

The Board denied service connection for the Veteran's claimed lumbar facet arthropathy, finding that there was no evidence of a nexus between his in-service period and the condition.

The Veteran's service-connected back disorder and bilateral lower extremity radiculopathy are being remanded for additional examinations to assess their current severity.

The Board has remanded the case due to unclear evidence regarding whether the Veteran's spouse meets the requirements for spousal aid and attendance benefits. A VA examination is needed to determine this.

The Board has remanded the TDIU claim due to incomplete consideration of evidence, including VA examination results and a newly submitted application for increased compensation. The Veteran's representative has not yet been provided an opportunity to submit argument on his behalf.

The Veteran's claim for hypertension is granted. Service connection for lumbar strain with degenerative joint disease and IVDS, as well as radiculopathy, right sciatic nerve, are restored. The claim for right hip strain is remanded.

The Veteran's application to reopen a claim for left foot Achilles tendonitis was denied. The claim for traumatic brain injury was reopened, but the initial rating in excess of 10 percent for radiculopathy of the lower extremities and effective date prior to December 18, 2013 for PTSD were denied.,The Veteran's service-connected PTSD is rated at 50 percent since December 18, 2013.

The Veteran's claim for service connection for a right knee disability was not reopened due to lack of new and material evidence. A 20 percent rating, but no higher, effective November 4, 2010, has been granted for left lower extremity radiculopathy. The increased ratings for left knee disability and bilateral foot disability were denied. An increased rating in excess of 60 percent for a back disability was also denied.

The Board has determined that the Veteran does not have diabetes mellitus due to any incident of his active duty service. The claims for sleep apnea and lumbosacral disc disease with left leg sciatica are remanded as additional medical opinions are needed.

The Veteran's appeal is remanded due to the need for additional development and consideration of his claims, including a VA addendum medical opinion regarding TMJ disorder and bruxism.

The Veteran's back disability and related radiculopathy are being remanded for further evaluation, while the TDIU claim is also being remanded due to its inextricable link with his back disability.

The Veteran's service-connected disabilities (degenerative disc disease of L5-S1 and radiculopathy of the right lower extremity) render him unable to secure or follow substantially gainful employment, warranting a TDIU effective June 14, 2010.