Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities do not individually or collectively preclude him from securing and maintaining substantially gainful employment, particularly of a sedentary nature.

The Veteran's appeal has been dismissed as he wishes to withdraw his claim for an increased rating for residuals of corneal abrasion of the right, currently rated as non-compensable.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of her service-connected lumbar spine, left lower extremity radiculopathy, and urinary incontinence disabilities. The case will be returned to the Board after these examinations.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board has decided to remand the case for additional development due to a lack of consideration of service treatment records noting complaints of low back pain in 1994. The Veteran's representative requested an addendum opinion from the VA examiner who provided the March 2016 VA medical opinion on her low back claim.

The Veteran's claim for an initial rating in excess of 50 percent for major depressive disorder is granted, effective June 26, 2006.

The Board has remanded the case for a new VA examination and opinion to address the nature and etiology of the Veteran's LLE complaints, including his reported service onset.

The Veteran's TDIU for chronic vertigo, combined with additional service-connected disabilities independently ratable at or over 60 percent (including PTSD, back arthritis, costochondritis, left lower extremity radiculopathy, and right lower extremity radiculopathy), meets the criteria for SMC at the housebound rate.

The Veteran's left L5 radiculopathy with foot drop resulted in moderately severe incomplete paralysis of the sciatic nerve, warranting a 40 percent rating prior to March 4, 2009. The RO also granted SMC based on the need for regular aid and attendance of another person.

The Veteran's claims are being remanded due to the need for additional development of his VA treatment records from Lake City VA medical center in Florida.

The Board granted service connection for the Veteran's left forearm scar, left lower extremity radiculopathy, bilateral pes planus, and IBS. The Veteran was also awarded a higher rating for his right shoulder disability and right knee degenerative joint disease.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his heart condition, including bicuspid aorta, as well as the severity of his degenerative disc and joint disease of the lumbar spine and intervertebral disc syndrome/sciatic nerve involvement of the left lower extremity.

The Veteran's low back disability is now rated at 40%.,The Veteran's LLE radiculopathy is now rated at 40%.,PTSD increased rating claim has been dismissed.

The Board denied the Veteran's request for an earlier effective date of March 15, 2016 for the award of a separate 10 percent rating for right lower extremity radiculopathy associated with his service-connected L5-S1 degenerative disc/joint disease.

The Board has remanded the case for further development, including obtaining VA treatment records and a VA examination. The Veteran's claim for an increased rating for his lumbar spine disability is also being considered.

The Veteran's TDIU claim has been granted effective February 28, 2015. His service-connected disabilities are found to be sufficient to render him unable to obtain and maintain any form of substantially gainful employment.

The Veteran's TDIU is granted with an effective date prior to December 19, 2009. The earlier claim for service connection for depression was considered and found to meet the schedular requirements for a TDIU.

The Veteran's service-connected diabetes mellitus is found to have aggravated his currently diagnosed neurological disability of the bilateral upper extremities, including carpal tunnel syndrome and peripheral neuropathy. As such, the Board grants service connection for these disabilities.

The Veteran's claims for increased ratings were granted, with the effective date being determined by the Court's remand. The Veteran was assigned a rating of 30 percent for right upper radiculopathy from August 24, 2017 onwards.

The Veteran seeks service connection for a lumbar spine herniation at L5-S1, with bilateral lower extremity radiculopathy. The Board has determined that additional development is needed to properly address the issue.