Radiculopathy & sciatica decisions — 2018

The Veteran's bilateral hearing loss and tinnitus are granted service connection, as is his lumbar spine disability at a 10% rating. The right leg radiculopathy remains at a 10% rating.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's claims for higher ratings for his lumbar spine condition and bilateral lower extremity peripheral neuropathy are being remanded due to the need for additional development, including obtaining private medical records.

The Veteran's initial claim for a higher rating for his lumbosacral spine osteoarthritis with degenerative disc disease was denied prior to August 12, 2016. From August 12, 2016 to October 27, 2016, he received a 20% rating for the condition. After that date, his claim for an increased rating was denied.

The Board denied reopening and service connection for back condition and radiculopathy of the lower extremities as new evidence did not relate to an unestablished fact or raise a reasonable possibility of substantiating the claims.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since October 19, 2013.

The Board has remanded the cases for further examination and evaluation due to worsening of the Veteran's lumbar spine and right sciatic nerve conditions, as well as his unemployability.

The Board denied the appellant's claim for recognition as a helpless child of his father due to lack of evidence showing permanent incapacity for self-support prior to age 18, despite his current disabilities and condition.

The Board has remanded the cases due to incomplete information and need for further examination regarding the Veteran's lumbar spine disability, which could affect his ratings for left and right lower extremity radiculopathy.

The Veteran's recurrent right hip pain is attributed to his service-connected low back disorder and radiculopathy of the right lower extremity. The Board denied service connection for a chronic right hip disability as it was already associated with other service-connected conditions. For TDIU, the Veteran met the criteria due to his multiple service-connected disabilities, but the Board found he is only capable of marginal employment.

The Veteran's carpal tunnel syndrome, right wrist is rated at 30 percent. The Veteran's right wrist tenosynovitis and IBS are each rated at 10 percent.

All appeals for service connection and increased ratings are withdrawn. The Veteran's adjustment disorder is granted as secondary to his service-connected headaches.,The Veteran’s degenerative arthritis of the lumbar spine is remanded due to insufficient evidence regarding its etiology, including potential aggravation by a work-related injury in 1999.

The Veteran's bowel incontinence is granted a 30 percent rating effective November 16, 2018. The lumbar spine and bilateral lower extremity radiculopathy disabilities are denied increased ratings prior to June 15, 2017.

The Veteran's TDIU claim is granted effective from August 16, 2008. A separate 30 percent disability rating for asymmetry of the eyes is granted effective September 30, 2004. The appeal for service connection for left eye glaucoma is remanded.

The Board has remanded two issues: service connection for a back disorder and right lower extremity sciatica, both secondary to the Veteran's in-service motor vehicle accident.

The Board has remanded the Veteran's claims for increased rating for lumbar myositis, service connection for bilateral lower extremity radiculopathy associated with lumbar myositis, and service connection for an acquired psychiatric disorder (major depressive disorder and generalized anxiety disorder) due to inadequate VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with the other claims.

The Veteran's major depression and anxiety are rated at 70 percent since September 20, 2017. The lumbar spine disorder is rated at 40 percent effective from September 20, 2017. The right lower radiculopathy remains in excess of 20 percent.

The Board denied an evaluation in excess of 20 percent for left upper extremity radiculopathy, finding that the Veteran's condition is currently manifested by no worse than moderate incomplete paralysis.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for hernias and hearing loss, as well as claims for peripheral neuropathy of the right arm with numbness, sleep apnea secondary to PTSD, and tinea versicolor. The issues are being remanded due to a lack of an SOC, need for additional development, and inextricably intertwined TDIU claim.

The Veteran's request for an extension of the temporary total disability rating beyond September 1, 2010 for his back disability is denied. The claim for a higher rating than 40 percent for lumbar strain (back disability) effective September 1, 2010 is also denied. A separate 10 percent rating for right lower extremity radiculopathy as a neurological manifestation of the service-connected back disability is granted starting from November 21, 2017.