Radiculopathy & sciatica decisions — 2018

The Veteran's TDIU claim is remanded due to missing private treatment records and the need for a new VA examination to assess his employment capacity.

The Board dismissed the Veteran's appeals for service connection of various conditions, including bilateral lower extremity neurological disorder and GERD. The rating for cervical disc disease was increased to 30 percent effective December 1, 2014.

The Board has reopened the Veteran's claim for service connection for bilateral lower extremity radiculopathy and remanded his claims for service connection for a low back condition, bilateral lower extremity radiculopathy (secondary to a low back condition), and an acquired psychiatric disorder. The case is now before the RO for further development.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examination. The issues include hearing loss, sinusitis, rhinitis, COPD, headaches, sleep apnea, arthritis conditions, eye disabilities, circulatory problems, neuropathy, radiculopathy, hypertension, erectile dysfunction, hip disabilities, psychiatric disorders, lumbar spine disability, knee disabilities, and other unspecified conditions.

The Veteran's increased rating for mechanical low back pain with degenerative disc disease is denied. Effective dates of July 23, 2008 are granted for service connection of left and right lower extremity femoral nerve radiculopathies and sciatic nerve radiculopathies.

The Veteran's cervical spine disorder and right upper extremity radiculopathy are granted service connection. Service connection for left upper extremity radiculopathy is remanded.

The Board has determined that the appellant's right upper extremity radiculopathy is currently manifested by symptoms approximating severe, incomplete paralysis since November 22, 2017. A rating of 50 percent is granted for this period.

The Veteran's claim for service connection for fibromyalgia has been denied as there is no current diagnosis of the condition.,The Veteran's claim for an increased rating for gastroesophageal reflux disease with hiatal hernia has also been denied, as her symptoms do not meet the criteria for a higher rating.

The Board has granted service connection for left upper extremity and right lower extremity radiculopathy, finding that the conditions are secondary to the Veteran's service-connected cervical spinal stenosis and chronic lumbosacral strain, respectively.

The Board has remanded the claims for service connection of various conditions, including arthritis, back injury residuals, muscle neuropathy, carpal tunnel syndrome, and an acquired psychiatric disorder (depression). The missing VA treatment records from April 1972 to October 2000 are needed. An addendum opinion is required regarding whether the Veteran's low back disability was aggravated by his second period of active service.

The Board has remanded the claims for service connection for low back disability, right leg sciatica, and left leg sciatica due to insufficient medical opinion regarding their etiology.

The Veteran's claim for an increased disability rating for radiculopathy of the right upper extremity prior to July 23, 2016 was denied as he is not entitled to a separate disability rating for this condition.

The Board has remanded three issues: service connection for left leg and foot radiculopathy, an initial rating in excess of 10 percent for tibial neuropathy of the left foot, and TDIU due to service-connected disabilities. The issue of special monthly compensation at the K level for loss of use of the left foot is also remanded as it is inextricably intertwined with the other issues.

The Board has granted service connection for cervical spine, lumbar spine, right knee, and left knee disabilities. The claims for radiculopathy of the right leg and left leg are remanded due to lack of a definitive diagnosis in the record.

A 20 percent rating for radiculopathy of the right and left lower extremities is granted, effective from June 17, 2005. An earlier effective date of March 8, 2011, for service connection of radiculopathy, left lower extremity is granted.,A 70 percent rating for PTSD is granted from March 8, 2011 to June 11, 2014. A higher rating in excess of 70 percent for PTSD is denied.

The Board has reopened the Veteran's claims for service connection for lumbar spine degenerative disc disease and radiculopathy (numbness of the entire right side of the body) due to new evidence. However, the claim for service connection remains denied as there is no credible evidence linking these conditions to service.

The Veteran's radiculopathy of the left and right lower extremities are rated at 40 percent each, which is the maximum available. The Board has granted a TDIU based on his service-connected disabilities.

The Veteran's service connection claim for a lumbar spine disability was reopened due to new and material evidence. The Board found that the Veteran's current lumbar spine disability is related to his active service, including an in-service injury during combat in Vietnam.

The Veteran's migraine headaches have been granted a rating of 50 percent, effective from the date of the decision. The other claims for increased ratings were denied.

The Board is remanding the claims due to new evidence being added to the record since the last Supplemental Statement of the Case (SSOC). The Veteran's Vocational Rehabilitation and Employment (VR&E) records, as well as private treatment records from Innovative Pain and Spine, have been associated with the case file. These documents must be reviewed by the AOJ for initial consideration.