Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased evaluations of lumbar disc disease, right ear hearing loss, left and right lower extremity sciatic radiculopathy, and major depression are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Veteran's appeals for increased ratings and earlier effective dates were denied. The Board found that the Veteran did not meet criteria for a rating in excess of 20 percent for his right thumb disability, or for a rating in excess of 70 percent for PTSD. The TDIU claim was also denied as there is no evidence showing he could not secure and maintain substantially gainful employment prior to January 28, 2012. The Board found the VA examinations inadequate and ordered additional examination on his low back disability and associated radiculopathy.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and degenerative arthritis of the lumbar spine are being remanded due to the need for new examinations.

The Board has granted service connection for low back degenerative arthritis with spondylosis, right hip strain as secondary to the low back disability, and right lower extremity radiculopathy as secondary to the low back disability. Service connection was denied for left hip disorder and left leg disorder.

The Veteran's acquired psychiatric disorder is granted as secondary to service-connected disabilities. The thoracolumbar spine disability and sciatica of the left lower extremity are each rated at 20 percent, which is the maximum rating under the applicable diagnostic codes.

The Veteran's back disability and left lower extremity radiculopathy are being remanded for further evaluation to address the severity of these conditions, including any flare-ups and functional loss.

The Board has remanded the claims for service connection for radiculopathy of the lower extremities, an acquired psychiatric disorder, and special monthly compensation based on need for regular aid and attendance or housebound status due to inextricably intertwined issues. The Veteran's radiculopathy is being examined further regarding its relation to his service-connected lumbar myositis and other back disorders.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in the record, particularly regarding the relationship between his left hip disability and lower extremity radiculopathy with his service-connected lumbar spine condition.

The Board has granted the reopening of claims for service connection for a neck disorder and an acquired psychiatric disorder, but denied the reopening of claims for service connection for a left shoulder disorder and right upper extremity radiculopathy.,Right upper extremity radiculopathy remains under review.

The Board has remanded the cases for further development and consideration. The appellant's left lower extremity radiculopathy is to be evaluated, and his low back disability on an extraschedular basis is also to be reviewed.

The Veteran's increased ratings for DDD at C4-5 and C6, as well as cervical radiculopathy of the left upper extremity, were denied. The Board also found that remand was necessary to address service connection claims for back disability and right leg disability.

The Veteran's service-connected cervical strain with degenerative arthritis is rated at 20 percent from February 12, 2012 to July 2, 2018. A separate 10 percent rating for right arm numbness (right cervical radiculopathy) has been granted since July 2, 2018.

The Veteran's claim for a higher rating for his lumbar spine condition with sciatica is remanded due to the need for additional examination and testing.

The Veteran's back brace, used in conjunction with his service-connected lumbar spine disability, tends to cause wear and tear on his clothing. The Board has granted a clothing allowance for the 2015 calendar year.

The Board has remanded the issues of service connection for bilateral hearing loss, tinnitus, dermatitis, a lumbar spine disorder, sciatica of the left lower extremity, and sciatica of the right lower extremity due to inextricably intertwined issues.

The Veteran's claims for service connection for sleep apnea, PTSD, an acquired psychiatric disorder (including anxiety disorder and depression), and right lower extremity radiculopathy have been granted.,However, the Board found that the current diagnoses of these conditions do not meet the criteria for service connection.

The Veteran's claims for an initial rating higher than 10 percent for right lower extremity radiculopathy and an effective date earlier than August 5, 2014, for the grant of service connection for right lower extremity radiculopathy are being remanded.,The Veteran's claim for a TDIU prior to August 5, 2014, is also being remanded.

The Board has remanded the cases for additional development and readjudication, including obtaining treatment records and scheduling a VA examination.

The Veteran's appeals for increased ratings on his low back disability, testicular pain and erectile dysfunction, and lower extremity radiculopathy have been dismissed as he has withdrawn them.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disorder, including his service treatment records and a private medical opinion. The examiner is asked to provide an updated etiological opinion considering all relevant factors.