Radiculopathy & sciatica decisions — 2018

The Veteran's neck disability has been rated at 10 percent, and the Board finds that a higher rating is not warranted. For TDIU, the Veteran does not meet the schedular requirements as his combined disability rating is less than 70%.

The Veteran's claim for increased ratings for multi-level degenerative disc disease is being remanded due to inadequate examination reports and the need for retroactive opinions.

The Board has determined that further development is needed to determine if the Veteran currently has a left hip disability and whether it is related to his military service.

For the rating period prior to February 14, 2012, the Veteran's thoracolumbar strain disability was rated at 40 percent.,Since February 14, 2012, the Veteran's left lower extremity radiculopathy has been rated at 10 percent.

The Veteran withdrew his appeals regarding the issues of entitlement to a compensable rating for a skin disability, entitlement to an increased rating in excess of 20 percent for right leg radiculopathy, entitlement to service connection for pain of the mouth/tooth, and entitlement to service connection for a right leg disability.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of his service-connected disabilities, including residuals of peritonitis.

The Board denied the Veteran's claims for earlier effective dates as they are not legally entitled to such based on the lack of timely filed NODs and the fact that no Notice of Disagreement was received within one year from the June 1997 rating decision.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for bilateral glaucoma, sleep apnea, an acquired psychiatric disorder claimed as PTSD, hypertension, and LLE radiculopathy.

The Veteran seeks service connection for cervical and lumbar spine disabilities, as well as radiculopathy of the bilateral upper and lower extremities. The Board has determined that a remand is necessary to obtain a medical opinion addressing the effect of the Veteran's MOS on his claimed conditions.

The Board has remanded the Veteran's claims for additional development, including a new VA examination to assess his service-connected low back disability and radiculopathy of the left lower extremity. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's claim for an earlier effective date of January 21, 2011 for the grant of service connection for chronic kidney disease is granted. The case is remanded for further development related to increased ratings and SMC.

The Board found that the Veteran's current lumbar and cervical spine disabilities, as well as his left upper extremity radiculopathy, are not related to service. The most probative evidence indicates these conditions arose from post-service work injuries.

The Board has determined that the Veteran's right shoulder arthritis and radiculopathy are related to her service-connected cervical spine degenerative disc disease, granting her claim for these conditions.

The Veteran's service-connected disabilities do not render her unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's chronic low back disorder and sciatica are not service connected, as there is no evidence of a nexus between these conditions and his active duty or periods of ACDUTRA. The Veteran's current diagnoses were attributed to multiple events occurring after his military service.

The Board denied the Veteran's claims for service connection and initial compensable disability evaluation, but granted an effective date earlier than August 19, 2014, for the grant of service connection for bilateral tinnitus.

The Veteran's cervical spine disability and upper extremity radiculopathy were granted service connection in December 2013 with initial evaluations of 20 percent each. The Veteran seeks earlier effective dates for these grants.,The Veteran also seeks service connection for depression, which was found to be secondary to his service-connected disabilities.

The Veteran's appeal involves multiple service-connected conditions, including asthma and various musculoskeletal issues. The Board has ordered additional development to obtain SSA records and translate Spanish documents.

The Veteran's right lower extremity sciatic compression is rated at 60 percent, which includes the pre-existing condition prior to aggravation. The Board finds that a 50 percent rating for the current level of disability is warranted.

The Veteran's claim for a higher rating for his service-connected residuals of pelvic fracture and separation of symphysis pubis with low back pain has been denied. The Board found that the evidence did not show improvement in the disability under ordinary conditions of life and work, and thus no increase in disability was warranted.,The Veteran's TDIU claim is granted for the period from February 1, 2001 to October 20, 2006.