Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities are of such severity as to preclude him from securing or following a substantially gainful occupation, and he is granted a TDIU rating.

The Veteran's appeals have been dismissed because he withdrew his appeal in June 2018.

The Board has granted service connection for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The preponderance of the evidence supports the Veteran's claim that these conditions originated during his military service.

The Board has determined that a new VA examination is necessary to determine the nature and etiology of the Veteran's claimed hip and radiculopathy disabilities, as well as whether any current diagnoses are related to service or secondary to other conditions. The claims will be remanded for these purposes.

The Board denied separate evaluations for left and right lower extremity radiculopathy from September 26, 2003 to December 28, 2010 as the neurological findings were no more than mild.

The Veteran's service-connected disabilities, including PTSD, lumbar and cervical strains, render him unable to secure and follow substantially gainful employment. The right wrist condition is remanded for a medical opinion on whether it is at least as likely as not caused or aggravated by his thoracolumbar disability. The thoracolumbar strain with disc bulging is also remanded for an examination to assess the severity of his back disability, including left lower extremity radiculopathy. The left leg radiculopathy associated with thoracolumbar strain with disc bulging is also remanded.

The Board denied service connection for left lower extremity neuropathy, radiculopathy, and cervical spine disorder. The Veteran's GERD, erectile dysfunction, headaches, and acquired psychiatric disorder were also remanded due to the need for an addendum opinion regarding whether they are aggravated by his service-connected lumbar spine disability.

The Veteran's left knee chondromalacia, right knee disability, and left lower extremity radiculopathy have been rated at the lowest possible level (10%) due to limited range of motion. The Board has found that further evaluation is needed as there may be additional factors contributing to his symptoms.

The Veteran's service-connected disabilities, including his degenerative disc disease, anxiety disorder, hiatal hernia, migraine headaches, radiculopathy (left and right lower extremities), and eczema, render him unemployable. The Board has granted a TDIU based on the combined effect of these conditions.

The Veteran's claims for increased ratings have been granted, with a rating of 40 percent and no higher for lumbar radiculopathy of the left and right lower extremities. The claim for increased rating for lumbar myositis has also been granted, but at a lower rating (40 percent).

The Veteran's degenerative disc disease of the lumbar spine and left leg radiculopathy are both rated at 10 percent each, with no higher ratings granted. The Veteran is not entitled to a higher rating for his back condition prior to November 10, 2015, or from November 10, 2015 onwards. A separate rating of 10 percent was assigned for left leg radiculopathy as of March 10, 2010.

The Veteran's claim for an evaluation in excess of 40 percent for his low back disability is being remanded due to the need for a new VA examination and additional treatment records.

The Board denied service connection for various disabilities, including bilateral shoulder, elbow, cervical myositis with chronic pain, lumbar spine, carpal tunnel syndrome, and lower extremity radiculopathy. The evidence did not support a finding of in-service injury or disease that caused these conditions.

The Board has determined that further development is needed to determine the severity of the Veteran's service-connected lumbar spine disorder and associated neurological impairments, including IVDS and radiculopathy. The case is being remanded for these purposes.

The case is remanded for a new VA examination to assess the severity of the Veteran's service-connected back disability and associated symptoms, including peripheral neuropathy of the lower extremities. Separate ratings are also required for the right and left lower extremity peripheral neuropathy.

The Veteran's back disorder caused significant degenerative changes, radiculopathy, and antalgic gait. The rating of 40 percent for mechanical low back pain is granted since October 5, 2011.

The Veteran's low back disability and left lower extremity radiculopathy have been granted increased ratings, effective November 14, 2010.

The Board has decided to remand the cases for further development due to the Veteran not receiving a VA examination as scheduled. The issues of service connection, higher initial ratings, and TDIU are inextricably intertwined.

The Board has decided to remand the Veteran's claim for a right leg disorder due to the need for additional medical examination and development of records.

The Board has remanded the Veteran's claims for service connection for TBI, hearing loss, lumbar disc disease, scar, low back, left lower extremity radiculopathy, and PTSD. The issues of whether new and material evidence was received to reopen the claim for TBI and the propriety of reducing the disability rating for PTSD from 50% to 30% are also remanded.