Radiculopathy & sciatica decisions — 2018

The Veteran's appeal for a higher rating for his low back disability and TDIU was denied. The Board found that the evidence did not support a higher rating for the low back disability, as it did not meet the criteria for a higher rating under the applicable diagnostic codes. For TDIU, the Board noted that the Veteran had been working full-time since 2012 and his service-connected conditions did not prevent him from securing or following substantially gainful employment.

The Board has determined that additional development is needed before a final determination may be made on the issues of a higher initial rating for lumbar spondylosis, entitlement to TDIU, and service connection for a neck disability and radiculopathy of the bilateral upper extremities.

The Veteran's service-connected disabilities, including coronary artery disease, hypertension, and multiple musculoskeletal conditions, have rendered him unable to secure or follow a substantially gainful occupation since November 6, 2013. Additionally, his need for aid and attendance of another person due to his physical limitations has been established.

The Board denied initial compensable ratings for the Veteran's bilateral upper extremity radiculopathy prior to January 7, 2014.

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

The Board has reopened and granted the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral hearing loss disability, low back disability, neck disability, parotid gland neoplasm, radiculopathy of upper extremities, peripheral neuropathy of upper extremities, radiculopathy of lower extremities, and peripheral neuropathy of lower extremities.

The Veteran's claim for service connection of diabetes mellitus, including as secondary to a service-connected disability was denied. The Board found that there is no evidence of diabetes mellitus during or within one year after service and the Veteran did not meet the criteria for chronic disease under VA compensation purposes.

The Veteran's claims for increased ratings of his lumbar spine disability, radiculopathy of the lower extremities, and right shoulder disability were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a more current VA examination.

The Veteran's service-connected disabilities are found to preclude gainful employment, and a TDIU is granted.

The Board has remanded the case for additional development due to incomplete records and medical examinations.

The Veteran's broken teeth were caused by VA treatment, but not due to negligence or lack of foreseeability. The other conditions are denied as they do not meet the criteria for compensation under 38 U.S.C. § 1151.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions and records.

The Veteran's cardiovascular signs and symptoms, gastroesophageal reflux disease (GERD), obstructive sleep apnea (OSA), dermatitis, and vertigo have not been diagnosed. The Veteran's lumbar radiculopathy is service-connected.,PTSD remains service-connected but the Veteran has not provided sufficient evidence to warrant a higher rating.

The Board found no evidence of current sciatica, PTSD, or hearing loss for VA purposes and denied the Veteran's claims.

The Veteran's claim for increased ratings for his service-connected back disability and associated neurological, urinary, and bowel impairments has been granted. He is now rated at 80 percent for left lower extremity lumbar radiculopathy, 80 percent for right lower extremity lumbar radiculopathy, 60 percent for urinary dysfunction, and 100 percent for bowel dysfunction as secondary to his service-connected back disability.

The Veteran is entitled to a TDIU since November 17, 2011 and SMC based on the need for aid and attendance due to her service-connected disabilities.

The Veteran's service-connected disabilities do not warrant a higher rating, as the evidence does not show recurrent symptomatic infection or frequent hospitalizations for his left scrotal condition. His lumbar spine disability is rated based on moderate limitation of motion and mild radiculopathy of the left lower extremity.

The Veteran's right lower extremity radiculopathy was granted a 20 percent rating prior to November 4, 2015 and increased to 40 percent thereafter. The Board also found that the Veteran is entitled to a TDIU based on his service-connected disabilities.

The Veteran's lumbar spine disability is rated at 10 percent, effective October 1, 2011. The claim for a higher rating remains denied.,Prior to September 11, 2015, the Veteran's left lower extremity radiculopathy was rated at 10 percent, effective March 10, 2011. The claim for a higher rating remains denied.,Prior to September 11, 2015, the Veteran's right lower extremity radiculopathy was rated at 10 percent, effective March 10, 2011. The claim for a higher rating remains denied.,From September 11, 2015, the Veteran's left lower extremity radiculopathy is rated at 40 percent, effective September 11, 2015. The claim for a higher rating is granted.,From September 11, 2015, the Veteran's right lower extremity radiculopathy is rated at 40 percent, effective September 11, 2015. The claim for a higher rating is granted.