Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.,The Veteran's radiculopathy of the right and left lower extremities are both currently rated at 20 percent. The Board finds that they do not meet the criteria for a higher rating based on their symptoms.

The Veteran's claim for an earlier effective date for a 20 percent disability rating for radiculopathy of the right lower extremity is denied as there is no factual evidence to support a finding that his condition worsened prior to June 19, 2013.

The Board has granted service connection for degenerative arthritis of the cervical spine with radiculopathy, including numbness of the right ear, right upper extremity to include shoulder and arm, and left arm. The Veteran's condition is linked to his in-service injury playing football.

The appeals regarding increased ratings for spinal stenosis and right lower extremity radiculopathy, as well as TDIU, were dismissed due to the Veteran's death.

The Veteran's lumbosacral strain is rated at 20% prior to December 13, 2017 and at 40% thereafter. A separate 10% rating for left lower extremity radiculopathy from December 13, 2017 and a 20% rating for right lower extremity radiculopathy from October 10, 2012 are granted. Special monthly compensation based on the need for aid and attendance is also granted.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA and private treatment records, as well as potential need for new examinations.

The Board has decided to remand the Veteran's claims for increased ratings for his lumbar spine disability and associated bilateral lower extremity radiculopathy due to incomplete development of records, including VA treatment records and SSA records.

The Board has remanded the case due to new evidence that needs to be reviewed and considered by the RO.

The Veteran's appeals for increased ratings of left hallux valgus, right foot scar, and left foot scar were dismissed as the Veteran withdrew his appeal.,The Veteran's claim for service connection for a right leg disorder was denied because there is no evidence of an additional chronic disability to the right leg other than those already attributed to service-connected conditions.

The Veteran's service-connected conditions did not render him in need of regular aid and attendance or housebound status, thus his claim for special monthly compensation based on aid and attendance/housebound status is denied.

The appeal is dismissed due to the Veteran's death, and no service connection decisions are made as a result.

The Board has decided to remand the Veteran's claims for a higher evaluation for his service-connected low back disorder and left lower extremity radiculopathy due to inadequate examinations. The Veteran needs new VA examinations to assess the severity of these conditions.

The Board has remanded the claims for headaches, right knee disability, left knee disability, back condition, sciatica/radiculopathy of right lower extremity, and sciatica/radiculopathy of left lower extremity due to incomplete records and need for further development.

The Board has remanded the claims due to insufficient evidence and need for further development in regards to service connection.

The Veteran's right arm and/or elbow disorder is denied as there is no current diagnosis.,Service connection for degenerative disc disease of the cervical spine was properly severed from June 30, 2014 due to a post-service injury.,Right upper extremity radiculopathy associated with degenerative disc disease of the cervical spine was properly severed from June 30, 2014 as it is secondary to a pre-existing condition.,Left upper extremity radiculopathy associated with degenerative disc disease of the cervical spine was properly severed from June 30, 2014 due to a post-service injury.,Right lower extremity radiculopathy associated with intervertebral disc syndrome of the thoracolumbar spine was properly severed from June 30, 2014 as it is secondary to a pre-existing condition.,Left lower extremity radiculopathy associated with intervertebral disc syndrome of the thoracolumbar spine was properly severed from June 30, 2014 due to a post-service injury.

The Board denied service connection for a right shoulder disorder, denied increased ratings for right knee degenerative joint disease and bilateral pes planus with plantar fasciitis, denied effective dates prior to May 22, 2015 for service connection of right ankle arthritis and left leg pain (rheumatoid radiculopathy), and remanded issues related to depression, service connection for left ankle arthritis, and effective dates prior to August 29, 2014 for increased rating of right lower extremity radiculopathy.,The Board also denied an effective date prior to January 26, 2018 for a 50 percent disability rating for bilateral pes planus with plantar fasciitis and degenerative changes of the left great toe, denied service connection for left ankle arthritis, and remanded issues related to depression.

The Board denied service connection for radiculopathy in both lower extremities and kidney disorder. The case is remanded for further development.

The Veteran's claims for service connection for PTSD, diabetes mellitus, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, nerve damage, hypertension, headaches, obstructive sleep apnea, a bilateral eye disability; and a right shoulder disability have been withdrawn.,The Veteran's claims for service connection for low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are being remanded.

The Veteran's initial disability ratings for MDD, low back disability, and LLE radiculopathy are being remanded due to the need for additional development. The Veteran is also having his TDIU claim deferred until final disposition of the rating claims.

The Veteran's tinnitus is granted as service connection due to in-service noise exposure.,Service connection for a lumbar spine disability, including disc disease, is denied because the condition did not manifest during service and there is no evidence of an in-service injury or event. The current condition is related to post-service injuries.