Radiculopathy & sciatica decisions — 2018

The Veteran's rating for degenerative disc disease of the lumbosacral spine with multilevel disc bulge and compression of the thecal sac was restored to 40 percent effective September 1, 2014. A separate 10 percent rating is granted for radiculopathy of the right lower extremity.

The Board has remanded the Veteran's claims for bilateral hearing loss, a back disorder to include L3 herniated disc, with dried out discs, L4-L5, and bilateral lower extremity radiculopathy (claimed as 'numbness'). The issues are related to service connection on the merits.

The Veteran's claims for service connection for a heart disability and entitlement to TDIU are remanded due to the need for additional examinations and records.

The Board has remanded the Veteran's claims for increased ratings and service connection due to insufficient examinations and incomplete development of records. The issues include gastrointestinal disability, erectile dysfunction, and left lower extremity radiculopathy.

The Board has granted service connection for lumbar arthritis and degenerative disc disease. The issues of service connection for left hip disorder, right hip disorder, right leg disorder (radiculopathy), and left leg disorder (radiculopathy) are remanded.

The Veteran's left lower extremity radiculopathy and lumbar spine with L4-S3 sided disc protrusion are currently rated at 20 percent, but the Board finds that a higher evaluation is not warranted.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, resulting in a total disability rating based on unemployability.

The Veteran's claims of service connection for various conditions have been denied as the new evidence received does not raise a reasonable possibility of substantiating the claims, and there is no clear and unmistakable evidence to rebut the presumption of soundness for pre-existing disorders.

The Veteran's cervical degenerative disc disease status post C6-C7 fusion with radiculopathy is granted as service-connected.,The Veteran's traumatic brain injury (TBI) is granted as service-connected.

The Veteran's left and right upper extremity diabetic peripheral neuropathy, as well as his left and right lower sciatic nerve and femoral nerve diabetic peripheral neuropathies have been granted increased ratings of 20 percent each from the effective dates specified.

The Board has decided to remand the Veteran's claims for higher ratings for his service-connected left lower extremity radiculopathy and low back disability due to lack of updated VA treatment records and need for a new examination.

The Board has remanded the Veteran's claims for higher ratings for PTSD with major depressive disorder and left lower extremity radiculopathy due to a lack of current evidence reflecting their severity.

The Board has remanded the Veteran's claims of service connection for radiculopathy of the left lower extremity and gastrointestinal disorders (including ulcerative colitis and arthritis associated with inflammatory bowel disease) due to lack of a VA examination. The Veteran is incarcerated, but the prison is willing to provide an examination if arrangements are made.

The Veteran's appeal is remanded for additional development to address the current nature, symptoms, and severity of his service-connected lumbar spine disability.

The Veteran's TDIU claim is denied because his service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has remanded the issues of service connection for left and right lower extremity radiculopathy, as well as the issue of a higher initial rating for TBI. The Veteran is to be scheduled for an EMG examination.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and need for further examination. The issues include left shoulder, lumbar spine, cervical spine, and radiculopathy of the left arm disabilities.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the addition of new evidence. The VA will obtain updated treatment records and ensure proper notification regarding TDIU.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as his non-service-connected back disability prevents him from working in sedentary positions.

The Veteran's claim for an effective date prior to December 28, 2007, for a grant of service connection for bilateral lower extremity radiculopathy secondary to thoracic rotary kyphosis with lumbar degenerative disc disease is denied. The effective date cannot be earlier than the effective date warranted for a lumbar disorder, i.e., the foundational disorder upon which service connection was granted.