Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and etiology of the Veteran's lumbar, cervical spine, and radiculopathy conditions during his military service.

The Veteran's appeal includes multiple issues related to her service-connected disabilities, including lumpectomy of the right breast, scar residuals, radiculopathy, headaches, and TMJ syndrome. The Board has determined that additional development is needed for these claims due to incomplete medical records and the need for further examination.

The Board has remanded several issues related to the Veteran's service connection claims, including those for right upper extremity radiculopathy and left hip orthopedic disorder. The initial compensable rating claim for a surgical scar of the anterior neck remains under review.

The Board denied service connection for fibromyalgia and remanded the Veteran's claims for increased ratings for her lumbar spine and left foot disabilities.

The Veteran's service-connected degenerative arthritis of the lumbar spine is rated at 20 percent and his radiculopathy of the right lower extremity is rated at 10 percent. The combined rating is 30 percent. An evaluation in excess of 20 percent for the lumbar spine disability is denied.

The Veteran's claims for service connection and evaluations of various disabilities are being remanded due to the need for additional development.,Service connection for bilateral carpal tunnel syndrome is denied.

The Board has remanded the Veteran's claims for an increased rating for lumbar spine disability and entitlement to a TDIU due to new evidence of worsening symptoms and lack of recent VA treatment records. The Veteran will need to undergo a new VA examination.

The Board has remanded the Veteran's claims for increased ratings due to worsening of his lumbar spine and lower extremity conditions.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to March 31, 2016.

The Veteran's claims for increased ratings and entitlement to a total disability rating based on individual unemployability (TDIU) have been remanded.,For the cervical spine DDD, the Board found that an extraschedular rating prior to January 10, 2017 is not warranted. A schedular rating in excess of 40 percent from January 10, 2017 for DDD of the cervical spine has also been denied.,For bilateral upper extremity radiculopathy, a schedular rating in excess of 20 percent from January 10, 2017 has not been met.

The Board denied service connection for low back disability, right hip disability, incontinence, sciatic nerve disability, and depression. The Veteran's current conditions are not related to his military service.,Service connection was denied as the evidence did not support a finding that any of these conditions began during or were caused by service.

Service connection is denied for sleep apnea, stomach disability, hypertension, left hand disability, low back injury, left leg lumbar radiculopathy, right ankle injury residuals, left wrist degenerative arthritis, and left eye injury residuals.,A compensable rating is granted for scar, status post left wrist fusion.

The Veteran's claim for an increased rating in excess of 10 percent prior to April 21, 2017, and in excess of 40 percent from that date, for low back arthritis is denied. The claim for a 20 percent evaluation for left and right lower extremity radiculopathy from July 17, 2012, is granted.

The Board has remanded the Veteran's claims for an initial disability rating for his lumbar spine disability and right-sided radiculopathy due to inadequate VA examinations, including a lack of discussion on flare-ups and functional loss.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including knee and spine conditions. The reasons are that new evidence indicates an increase in severity for all conditions, a peripheral nerve examination is needed, and VA examinations must include joint testing for pain on both active and passive motion.

The Veteran's low back disability is granted service connection. Service connection for radiculopathy of the left and right lower extremities is denied.

The Veteran's claim for PTSD has been reopened, and the Board grants a rating of 20 percent for ankylosing spondylitis with intervertebral disc syndrome. The claims for hypertension, diabetes mellitus, bilateral hearing loss, left knee disability, right knee disability, kidney stones, left hip disability, tinnitus, and neck disability are all remanded.

The Veteran's claim for increased ratings for his service-connected low back disability, left lower extremity radiculopathy, and left knee disability was denied. The Veteran also had a TDIU granted.,For the period prior to September 5, 2017, the Veteran’s intervertebral disc syndrome with degenerative arthritis did not meet criteria for an increased rating beyond 20 percent.

The Board has remanded two issues: increased ratings for lumbar spine degenerative disc disease and sciatica of the right lower extremity. The AOJ must review all evidence, including recent VA examinations, and issue a supplemental statement of the case.