Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected lumbar spine condition and associated radiculopathies have not met the criteria for a higher disability rating during the appeals period.

The Board denied the Veteran's claims for initial ratings in excess of 20 percent for left and right lumbar radiculopathy, finding that his symptoms were best characterized as moderate.

The Veteran's back disability is rated at 10 percent prior to December 25, 2013 and 40 percent thereafter. The Board has remanded the case for further evaluation.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, increased ratings for IVDS and right lower extremity lumbar radiculopathy, and earlier effective date for TDIU due to inadequate VA examinations.

The Veteran's claim of service connection for right ear hearing loss is dismissed.,Service connection granted for right wrist chronic radicular strain, depression and anxiety, and left upper extremity radiculopathy. Service connection denied for right shoulder impingement syndrome and right upper extremity radiculopathy.

The Board has decided to remand the Veteran's claims for service connection for left leg and right leg sciatica due to potential issues with the April 2012 VA examination, including a possible lack of flare-up during the examination. The case is being sent back for further evaluation.

The Veteran's claims for service connection and evaluations of various disabilities are being remanded due to the need for additional examinations and development.

The Veteran's claims for increased ratings and service connection are being remanded due to the failure to notify him of his scheduled VA examinations, lack of post-service treatment records, and need for additional examination.

The Veteran's claims for service connection for various conditions have been remanded due to the need for further development.,Service connection has not been established for a left foot disability, vision disorder, bilateral hearing loss, headaches, right foot disability, upper and lower extremity disabilities, respiratory disorders, sleep disorder, or psychiatric disorders.

The Board has remanded the claims of service connection for bilateral hearing loss and tinnitus due to insufficient evidence. The Veteran's right central facial palsy, aphasia, and right lower extremity sciatic nerve disability are not rated higher than their current levels.

The Veteran's claim for an earlier effective date for left foot disability is denied as there was no prior claim filed.,Service connection for vision disorder, bilateral hearing loss, headaches, right foot disability, upper and lower extremity disabilities, respiratory disability, left shoulder disability, neck disability, back disability, sleep disorder, and erectile dysfunction are all denied.

This decision grants the Veteran's claims for an effective date of July 22, 2002 for a 20 percent rating for radiculopathy of the left and right lower extremities, as well as for his back disability. The effective dates are granted based on credible lay testimony from the Veteran regarding when he began experiencing symptoms related to these conditions.,TDIU was also granted effective July 22, 2002.

The Veteran's service-connected disabilities, including posttraumatic stress disorder, headaches, right lower extremity radiculopathy, degenerative disc disease of the lumbar spine, and cervical strain, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's left shoulder disorder and left lower extremity radiculopathy are being remanded due to the need for additional medical records and examination.,The Veteran's hypertension is being remanded as there are missing service treatment records that may provide evidence of its onset during service or within one year of separation.,The Veteran's erectile dysfunction is being remanded because it is intertwined with other issues on appeal, including his cervical spine disability. Additional medical records and examination may be needed to clarify the etiology.,The Veteran's diabetes mellitus, type II is being remanded due to missing service treatment records that may provide evidence of its onset during service or within one year of separation.

The Board denied increased ratings for IVDS, left and right lower extremity radiculopathy associated with IVDS, and major depressive disorder. The Veteran's service-connected disabilities did not meet the criteria for a TDIU.

The Veteran's combined rating is 70 percent, which does not meet the requirement for permanent and total disability to qualify his wife for CHAMPVA benefits.

The Board has granted service connection for a low back disorder and bilateral lumbar radiculopathy as secondary to service-connected conditions. Service connection for an acquired psychiatric disorder is remanded.

The Board denied the Veteran's petition to reopen his claim of service connection for a low back disability, finding that new and material evidence had not been received. The Board concluded that there was insufficient evidence to establish that the Veteran's low back disability was caused or aggravated by military service or his service-connected cervical spine disability.

The Board has granted service connection for a lumbar spine disability with bilateral lower extremity radiculopathy, finding that it is as likely as not due to the Veteran's active service.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 22, 2010 was denied because the evidence did not show that his service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment.