Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation.

The Veteran's bilateral hearing loss is service-connected due to in-service noise exposure. Service connection for PTSD and depression is granted, with the stressor of military sexual trauma (MST) being accepted based on corroborating evidence from other sources. The Veteran's traumatic arthritis of the spine is granted at a 20 percent rating effective May 14, 2014.

The Veteran's TDIU claim was granted prior to August 30, 2010, due to his service-connected disabilities. From that date onwards, the SMC award mooted any further TDIU claims.

The Board has remanded three issues related to the Veteran's service-connected low back strain with disc bulge, sciatica of left lower extremity, and sciatica of right lower extremity due to inadequate examination and need for updated treatment records.

The Board has granted service connection for left lower extremity radiculopathy, an acquired psychiatric disorder (to include depression and anxiety), and a cervical spine disorder with radiculopathy. The effective dates are to be determined based on the date of claim.

The Veteran's immediate cause of death was hypertensive and atherosclerotic heart disease. The Board found that the service-connected conditions did not contribute to his death, and there were no pending claims for accrued benefits at the time of his death.

The Veteran's herniated disc of L4-L5 and radiculopathy of the right lower extremity have been rated at 20 percent since February 22, 2010. The rating has been increased to 40 percent from May 26, 2012.

The Board has remanded two issues related to degenerative disc disease and intervertebral disc syndrome of the lumbar spine, including left lower extremity radiculopathy. The claims are being returned for further review with consideration of recent medical records.

The Veteran's service-connected back, right lower extremity radiculopathy, and scar disabilities are being remanded for further evaluation due to increased symptomatology reported since the last VA examination in June 2016.

The Veteran's low back disability, sciatica of the bilateral lower extremities, and depression are all granted as service-connected.

The Veteran's cervical degenerative disc disease with postoperative residuals is not rated higher than 20 percent, and his total disability rating based on individual unemployability due to service-connected disorders is denied.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for inguinal hernia. The claims for back disorder, bilateral hearing loss, tinnitus, myeloma, peripheral neuropathy (left upper extremity), peripheral neuropathy (left lower extremity), radiculopathy (right lower extremity), and an acquired psychiatric disorder (major depressive disorder and posttraumatic stress disorder) are remanded.

The Board has reopened the claims of service connection for lumbar spine arthritis and right lumbar radiculopathy, finding that new evidence received since previous denials supports these claims. The Veteran's current diagnoses are supported by VA treatment records and his own reports of continuous back symptoms in the years since service.

The Veteran's right shoulder impingement syndrome is granted as service connection was reopened.,Service connection for lumbar spine disability with bilateral lower extremity radiculopathy, acquired psychiatric disorder (including depression and insomnia), bilateral flat feet, left hip disability, right hip condition, left wrist disability, right wrist disability, left knee disability, right knee disability, left ankle disability, right ankle disability, heart condition, and erectile dysfunction is granted.,Service connection for bilateral hearing loss disability and tinnitus are denied.

The Board has decided to remand the Veteran's claims for a rating in excess of 40 percent for left sciatic nerve compression with left leg radiculopathy and entitlement to a rating in excess of 20 percent for degenerative arthritis of the lumbar spine and low back strain due to evidence indicating that his disabilities have worsened since the last examination. The Veteran will need to provide updated private treatment records, including from Dr. J.W., and undergo another VA examination.

The Board has decided to remand the case due to incomplete service treatment records and unverified periods of active duty for training (ACDUTRA). The appellant needs to provide additional information or authorization for VA to obtain relevant private records. Further attempts should be made to verify his National Guard service, including contacting the Army Human Resources Command.

The Board has remanded the claims of service connection for low back disability with right lower extremity radiculopathy and restless leg syndrome due to lack of STRs, intercurrent causation, and possible VA medical records not being available.

The Veteran's service-connected left and right lower extremity sciatica are rated at 20 percent from November 19, 2014. The Board found moderate incomplete paralysis of the bilateral lower extremities as of that date. Service connection for prostatitis is remanded due to lack of a medical opinion on its etiology.

The Veteran's claim for service connection for a respiratory disability, PVD of the bilateral lower extremities, cervical spine disability, and radiculopathy of the bilateral upper and lower extremities has been reopened. Effective September 26, 2014, the Veteran is granted service connection for obstructive sleep apnea.

The Board has remanded the claims for service connection due to new evidence received after the June 2015 SOC, including VA treatment records and a need for a VA examination for squamous cell carcinoma on the back.