Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected cervical spine degenerative disc disease is currently rated at 10% and granted for a period from September 11, 2017 to November 9, 2017. Service connection for right upper extremity radiculopathy and left upper extremity radiculopathy are denied. The Veteran's service-connected cervical spine degenerative disc disease is not rated higher than 10%.

The Veteran's claim for assistance in acquiring specially adapted housing is denied as he does not meet the criteria for a permanent and total disability rating due to any service-connected conditions.

The Board denied service connection for left lower extremity radiculopathy and a rating greater than 10 percent for low back strain, finding no current diagnosis of these conditions. The Veteran's bilateral hearing loss was also denied as not meeting the criteria for a compensable rating.

The Board has granted service connection for radiculopathy as secondary to a service-connected lumbar spine disability. The issue of an initial rating in excess of 10 percent for the lumbar spine disability is remanded, and the TDIU claim is also remanded.

The Board has remanded the case for further development to assess the Veteran's low back and lower extremity radiculopathy disabilities, including their functional loss during flare-ups. The TDIU claim is also deferred pending development of other issues.

The Board has granted an increased disability rating of 20 percent for left upper extremity radiculopathy from August 31, 2010 to December 1, 2016. On and after December 2, 2016, the Veteran is now rated at 40 percent for this condition.

The Board has granted service connection for the Veteran's lumbar spine disability, but has remanded the issue of service connection for a left leg disability to include radiculopathy due to the lumbar spine.

The Veteran's cervical spine disability is not service-connected, but his lumbar spine DDD and bladder incontinence are rated at the appropriate levels. The effective date for sciatic nerve radiculopathy has been granted.

The Veteran's service-connected disabilities rendered him unemployable prior to December 7, 2011. The Board is remanding the case for referral to the Director of Compensation Service for consideration of entitlement to a TDIU under the provisions of 38 C.F.R. § 4.16(b) prior to December 7, 2011.

The Board has dismissed all issues related to rating and initial ratings for various conditions as the Veteran withdrew his appeal.

The Veteran's lumbosacral strain and right leg sciatica are granted with ratings of 20% each, effective from the date of the decision. The claims for bilateral knee disability, right shoulder disability, head injury, and bilateral elbow disability are remanded.

The Board denied the Veteran's claim for an earlier effective date for TDIU, stating that his service-connected disabilities alone were not sufficient to cause unemployability in the period of one year before the date of claim.

The Board has determined that further development is needed for the claims of service connection for lower extremity neuropathy, upper extremity neuropathy, respiratory disability (asthma), obesity, and diabetes mellitus due to inconsistencies in medical opinions and lack of adequate rationale.

The Board has granted a 10 percent initial rating for hypertension, but the Veteran's claims for higher ratings for headaches, degenerative disc disease and arthritis of the lumbar spine, and left sciatic nerve radiculopathy are remanded due to lack of updated medical records and inadequate examination reports.

The Veteran's radiculopathy of the right lower extremity was incurred in active wartime service and is now granted.

The Board has determined that a VA examination is needed to determine if the Veteran's current low back and neck disorders are related to his service. The appeal will be remanded for this purpose.

The Board has granted the Veteran's claims for reopening of service connection for hypertension and PTSD, as well as remanded several other issues including sleep apnea, kidney disorder, neurological disabilities, peripheral neuropathies, and radiculopathies. Service connection is denied for liver disorder, heart disorder, right upper extremity neurological disability, left upper extremity neurological disability, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and right lower extremity radiculopathy.

The Veteran's claim for an earlier effective date for TDIU and DEA benefits is denied as the earliest date of claim is March 21, 2016.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete examinations, lack of updated employment information, and need for additional medical opinions. The Veteran is also required to provide her most recent vocational rehabilitation records.

The Veteran's anxiety disorder is granted as secondary to service-connected lumbar spine DJD with IVDS, radiculopathy of the left lower sciatic nerve, and Morton’s neuroma. The Veteran's Morton’s neuroma remains at a 10 percent rating.