Radiculopathy & sciatica decisions — 2018

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, and his combined disability rating remains at 60 percent. The Veteran's TDIU claim was denied as he does not meet the schedular criteria for a total disability rating based on individual unemployability.

The Veteran's appeal is remanded for additional examinations to determine the severity of his lumbar degenerative disc disorder. The other issues remain denied.

An effective date of August 27, 2012 is granted for the award of service connection for left lower extremity radiculopathy.,A rating in excess of 10 percent for tinnitus is denied.,A rating in excess of 30 percent for left inguinal hernia is denied.,A compensable rating for hemorrhoids is denied.,A compensable rating for ilio-inguinal nerve dysfunction is denied.,A rating in excess of 10 percent for GERD is denied.

The Board has remanded the claims for cervical spine disorder, left lower extremity radiculopathy with restless leg syndrome, lumbar degenerative disc disease, right lower extremity radiculopathy, and unemployability benefits due to service-connected disabilities. Further development is needed including obtaining medical records, examining the appellant's cervical spine condition, and evaluating his bilateral lower extremity radiculopathy and lumbar degenerative disc disease.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional records from Social Security Administration.

The Veteran's degenerative disc disease with foraminal narrowing of the thoracolumbar spine is rated at 40 percent since December 1, 2008. The right lower extremity radiculopathy is rated at 40 percent and left lower extremity radiculopathy is rated at 20 percent since October 1, 2013.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations regarding his bilateral foot disability, low back disability, and sciatica claims. The hearing loss claim has been denied.

The Veteran's disability evaluation for mechanical low back pain was restored to 20% effective January 1, 2014 after it had been reduced to noncompensable in October 2013. The evidence did not show a sustained improvement from the time of the initial grant of service connection in November 2007.

The Veteran was granted an initial 40 percent rating for left lower extremity radiculopathy from August 30, 2013. He is also granted a 40 percent rating for right lower extremity radiculopathy.,An effective date earlier than February 3, 2014, for service connection of major depressive disorder was denied.

The Board denied service connection for a low back disability and left leg radiculopathy, finding no evidence of a current disability related to service.

This decision denies service connection for bilateral hearing loss and tinnitus. The Veteran's sleep disorder, PTSD, degenerative changes L5-S1 spine, bilateral lower extremity sciaticus, right total knee replacement, left knee degenerative arthritis, and TDIU are remanded due to the need for additional evidence.

The Board has reopened the Veteran's claim for service connection for a lower back condition due to new and material evidence. The remaining issues of service connection are remanded.

The Board has granted earlier effective dates of April 14, 2012 for right lower extremity radiculopathy and January 31, 2014 for a 50 percent disability rating for major depressive disorder.

The Board has remanded the claim of entitlement to service connection for hypertension as secondary to the service-connected disabilities due to insufficient medical opinion regarding whether the Veteran's obesity, caused by his service-connected disabilities, was a substantial factor in causing his hypertension.

The Veteran's service-connected back and knee disabilities did not cause weight gain or sleep apnea.,The Veteran's service-connected back disability is rated at 40 percent, which is the maximum rating available under DC 5237.

The Veteran's diabetes mellitus with erectile dysfunction is rated at 20 percent, and the ratings for peripheral neuropathy of the left and right lower extremities are denied as they do not meet the criteria for a higher rating. The DJD of the left knee is also rated at 30 percent.

The Veteran's sleep apnea is granted as secondary to his service-connected deviated nasal septum. The radiculopathy of the left lower extremity sciatic nerve remains at a 20% rating, but the Veteran's deviated nasal septum is restored to a 40% rating effective July 1, 2017.

Your claims for service connection are being remanded due to the need to review additional VA treatment records.

The Board denied earlier effective dates for the Veteran's service-connected L5-S1 lumbar radiculopathy, right lower extremity, and L3-S1 radiculopathy, left lower extremity, as his disability did not meet the criteria for a 20% rating prior to April 26, 2012.

The Board has remanded the case due to incomplete information and need for further medical opinions regarding service connection, TDIU, and cause of death. The Veteran's radiculopathy is presumed secondary to his service-connected lumbar spine disability. Cause of death may be related to COPD or psychiatric disabilities.