Radiculopathy & sciatica decisions — 2018

The Board has determined that the previous remand directives were not substantially complied with and thus another remand is warranted. The Veteran's service connection claims for scoliosis, spinal stenosis, arthritis, and sciatica are being remanded for further examination and opinion.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) beginning February 9, 2016, but not earlier. The effective date of the TDIU award is fixed in accordance with the facts found and was factually ascertainable that the Veteran was unemployable within one year prior to February 9, 2017.

The Veteran seeks an earlier effective date for the grant of service connection for PTSD, but this is denied.,Service connection for sleep apnea secondary to PTSD is granted.,Ratings in excess of 10 percent are remanded for patellofemoral syndrome of both knees and hypertension.,Ratings in excess of 20 percent are remanded for degenerative disc disease of the cervical spine and radiculopathy of both upper extremities.,TDIU is also remanded.

The Board denied an earlier effective date for service connection of bilateral upper extremity diabetic neuropathy, but granted effective dates for left knee meniscectomy with degenerative joint disease and lumbar spine DDD. The initial rating for lumbar spine DDD was also granted.

The Veteran's applications to reopen claims of service connection for right ear hearing loss, hepatitis C, and cervical spine disability have been granted. The application to reopen the claim of service connection for left leg sciatic nerve disability has been denied.

The Board has remanded the Veteran's claims for service connection due to incomplete records and requests clarification on whether he wishes to continue his appeals. The issues of increased ratings for tinnitus and bilateral hearing loss are also being remanded.

The Veteran's claim for service connection for generalized anxiety disorder is granted. The claims for bilateral hearing loss disability, tinnitus, left lower extremity radiculopathy, and lumbar spine disability are denied. Effective dates prior to July 27, 2012 for these disabilities are also denied.

The Veteran's appeal for a rating in excess of 60 percent for left total knee replacement is dismissed.,An effective date prior to April 1, 2011, for the award of TDIU and eligibility to DEA under 38 U.S.C. Chapter 35 is denied.,The Veteran's appeal for a rating in excess of 10 percent for left knee instability from October 12, 2010 to April 1, 2011 is denied.,An effective date prior to April 1, 2011, for the award of lumbar spine disability is denied.,A rating in excess of 10 percent for LLE peripheral neuropathy and RLE peripheral neuropathy is denied.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further medical opinions.

The Veteran's claims for increased evaluations and convalescence periods are being remanded due to the need for additional evidence and consideration.

The Veteran's service-connected right and left lower extremity radiculopathy are granted increased ratings to 40 percent each. The Veteran's lumbar spondylosis with facet arthropathy at L3-L4, status-post discectomy is remanded for further evaluation.

The Board has granted service connection for left and right lower extremity radiculopathy as secondary to the Veteran's service-connected low back strain.

The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a TDIU and failed to complete the required VA Form 21-8940, which prevented the Board from assessing his employment status.

The Board has determined that the Veteran's bilateral upper extremity radiculopathy may have worsened since his last VA examination in August 2015, and therefore requires a new examination to assess the current severity of the condition.

The Veteran's initial disability ratings for lumbar spine stenosis and left lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating.

The Veteran's claims for service connection for left upper extremity neurological disorder and left lower extremity L4-L5 sciatic condition are remanded due to the need for a VA examination.

The Board has denied service connection for cervical spine disability, lumbar spine disability, radiculopathy of the bilateral upper extremities, and radiculopathy of the bilateral lower extremities as there is no evidence that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board denied the Veteran's claims for service connection for the cause of death and DIC, finding that his death was not due to a service-connected disability.

The Veteran's claims for increased ratings were denied. The left ankle disability was rated 10% prior to December 11, 2017 and 20% from that date forward. The low back disability was rated 10% before April 26, 2016, 20% from April 26, 2016 to February 26, 2018, and 40% from February 27, 2018. The right lower extremity radiculopathy was rated 10% before June 22, 2017 and 20% after that date. The left lower extremity radiculopathy was rated 10% before June 22, 2017 and 20% after that date. The cervical spine disability was rated 10% prior to April 26, 2016 and 20% after that date. The right upper extremity radiculopathy was rated 40% from June 22, 2017. The left upper extremity radiculopathy was rated 20% from June 22, 2017. The right knee and left knee disabilities were both denied.

The Board has granted service connection for facet syndrome of the lumbosacral spine. The issues of service connection for a low back condition other than facet syndrome, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are remanded.