Radiculopathy & sciatica decisions — 2018

The Veteran's claims for a higher rating and an earlier effective date have been granted, but the issues are dismissed as there is no remaining case or controversy.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his education and work history did not support a conclusion that he was unable to secure or follow a substantially gainful occupation.

The Board has granted a 10 percent rating for the Veteran's cervical spine degenerative disease and left upper extremity cervical radiculopathy, effective August 23, 2017. The reduction from 20 to 10 percent was proper as there was sustained improvement in her condition.

The Board has remanded the Veteran's claims for service connection for a psychiatric disability, initial ratings for his low back and right lower extremity disabilities, and TDIU due to the need for updated examinations and opinions regarding the severity of these conditions.

The Veteran's lumbar degenerative disc disease and intervertebral disc syndrome, as well as related symptoms of radiculopathy, neuropathy, and foot drop, are granted a rating of 40 percent since June 20, 2016. The right lower extremity radiculopathy is denied.

The Veteran's claims for increased evaluations of her service-connected degenerative disc disease of the lumbar spine with compression fracture at L2 and radiculopathy of the right lower extremity sciatic nerve are being remanded due to the need for additional medical records.

The Veteran's claims for GERD, Anxiety Disorder with Depression, and Bilateral Lower Extremity Radiculopathy were granted. The claim for Right Hip Avascular Necrosis, Status Post Total Hip Replacement was dismissed due to withdrawal of appeal. The Adjustment Disorder with Depressed and Anxious Mood claim was also granted.

The Veteran's claim for radiculopathy of the left lower extremity is denied as there is no evidence of a current disability and no relationship to service-connected conditions.

The Veteran's bilateral hearing loss is currently rated at 0 percent, and the appeal for a higher rating is remanded.,The Veteran's recurrent dermatitis has been rated at 0 percent under Diagnostic Code 7806. The appeal for a higher rating is remanded as there is no evidence of exposure to at least 5% of his entire body or exposed areas, and no intermittent systemic therapy required.,The Veteran's radiculopathy of the right lower extremity has been rated at 20 percent under Diagnostic Code 8520. The appeal for a higher rating (40%) is remanded as there is no evidence of severe, incomplete paralysis with muscular atrophy.

The Veteran's right shoulder disability was rated at 40 percent prior to July 16, 2012. The Board found that the preponderance of evidence did not support a TDIU for periods prior to September 1, 2013.

The Veteran's radiculopathy of the left lower extremity is granted a 20 percent rating, while his right lower extremity radiculopathy remains at 10 percent. The Veteran also receives a certificate of eligibility for specially adapted housing due to service-connected disabilities that effectively result in loss of use of both lower extremities.

The Board has remanded several issues, including the timeliness of an appeal for a disability rating for chronic lumbar strain and the initial ratings for radiculopathy. The Veteran's radiculopathy is also being examined again due to recent testimony suggesting increased severity.

The Veteran's claims for increased ratings for his low back disability and left lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Board has remanded the Veteran's claims for further examination and opinion regarding his hip conditions and right lower extremity radiculopathy.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including Social Security Administration (SSA) records, private treatment records, employment records, and an examination of his service-connected disabilities. The case is being remanded for these purposes.

The Veteran's appeals for increased ratings for residuals of right infraorbital and right temple shrapnel wounds, a right arm shrapnel wound, a right buttock shrapnel wound, and a right leg shrapnel wound have been withdrawn.,The Veteran's claims for service connection for bilateral hand disability other than left hand scars, to include arthritis; right knee disability, to include arthritis; back disability; and bilateral neurological disability of the lower extremities, to include sciatica are remanded.

The Veteran's service connection claim for OSA is denied. The increased rating claims for lumbosacral strain with enthesopathy are partially granted, with a 40% rating effective April 5, 2018, and separate ratings of 10% each for lumbar radiculopathy of the LLE and RLE.

The Veteran's service-connected disabilities, including spondylolisthesis of the lumbar spine and recurrent peptic ulcer disease, have prevented him from securing and following substantially gainful employment consistent with his educational and occupational background.

The Veteran's claims for increased ratings and TDIU are being remanded due to the inadequacy of a previous VA examination. A new examination is needed to assess her service-connected back disability.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability and TDIU due to incomplete information, including missing SSA records and an outdated VA examination. The Veteran will need to provide these records and undergo further evaluation.