Radiculopathy & sciatica decisions — 2018

The Veteran's appeals for fibromyalgia, bilateral neurological disability of the upper extremities (likely sciatica), and other service-connected conditions have been dismissed. The issues of higher ratings for lower back and cervical spine disabilities are remanded.

Service connection is granted for sinusitis and denied for IBS, anemia, and left lower extremity radiculopathy.,A rating of 10 percent prior to December 19, 2013 for service-connected lumbosacral strain is granted.

The Board has remanded the claims for service connection for left and right lower extremity radiculopathy, as secondary to service-connected lumbar fibromyositis.

The Board denied service connection for hemorrhoids, left lower extremity radiculopathy, and right lower extremity radiculopathy as there is no evidence of a current disability during the appeal period.

The Board has granted service connection for left shoulder and lumbar disabilities, as well as secondary service connection for right and left lower extremity sciatica pain. The Veteran's current diagnoses are considered to be at least in equipoise with the opinions against his claims, leading to a grant of service connection.

The Veteran's claim for SMC based on the highest level of aid and attendance was denied as he does not meet the legal criteria for such benefit under 38 U.S.C. § 1114 (r).

The Board has denied the Veteran's requests for earlier effective dates for service connection of peripheral neuropathy and sleep apnea. The claims were received more than one year after the Veteran’s separation from service, and the earliest possible assignable effective dates are August 18, 2016.

The Board has remanded the Veteran's claims for lumbar spine degenerative disc disease, right lower extremity sensory dysfunction, and left lower extremity radiculopathy due to additional relevant evidence being associated with his file. He is scheduled for VA examinations and a supplemental statement of the case will be provided.

The Board has granted an effective date of November 18, 2010 for the assignment of a separate 10 percent rating for radiculopathy of the right lower extremity as a neurological manifestation of service-connected DDD of the lumbar spine.

The Board has determined that an effective date earlier than October 21, 2008, for service connection is denied. The Veteran's claims are remanded for further development and examination.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since January 26, 2016. The Board has granted a TDIU rating on both schedular and extraschedular bases.

The Board has decided to remand several of the Veteran's claims for additional development, including obtaining VA and private treatment records as well as Social Security Administration (SSA) records.

The Board has remanded the Veteran's claims for increased ratings and other benefits due to inadequate examinations, in particular regarding his lumbosacral strain and associated radiculopathy. The case is also remanded for further development related to TDIU, specially adapted housing, special home adaptation grant, and helpless child benefits.

The Board has granted service connection for a low back disorder, diagnosed as lumbar segmental dysfunction with radiculopathy and neuropathy. The appeal is pending on remand regarding the Veteran's left heel disorder.,Service connection was denied for bilateral pes planus due to lack of evidence showing permanent aggravation by service.

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating. The Veteran’s low back disability has been characterized by forward flexion limited to 35 degrees and radiculopathy of the bilateral lower extremities (sciatica).

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back disorder with sciatica is related to her service. Additional VA treatment records and an addendum opinion are needed.

The Board has remanded the Veteran's claims for service connection for radiculopathy of the left upper extremity, cervical spine disorder, right shoulder disorder, and left shoulder disorder due to new evidence submitted by the Veteran.

The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for higher initial ratings for his lumbosacral spondylolisthesis with degenerative disc disease and right lower extremity radiculopathy, as well as the adjustment disorder with mixed anxiety and depressed mood are remanded for further development. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Veteran's claim for an increased rating for his lumbar spine disability and associated left lower extremity radiculopathy is remanded due to the need for additional VA examinations.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate examinations, incomplete evidence, and inextricably intertwined issues. The Veteran is required to provide medical records and undergo new VA examinations.